Stokes v. State

Collins, J., delivered the opinion of the Court. George Grant Stokes, appellant, was charged in an indictment with rape, assault with intent to rape, and common assault on Verletha Johnson, an infant ten years of age. He was found guilty of the charge of common assault and from the judgment and sentence appeals to this Court. The questions before us are, whether the trial judge erred in over-ruling appellant’s motion for a directed verdict of not guilty, and whether the verdict of the trial judge, sitting without a jury, was clearly erroneous.

Verletha Johnson, ten years of age, had been living with Alethia Noel, her aunt, whom she called her mother,, in Baltimore City ever since her birth. The appellant had been living in a' common law relationship with Alethia Noel since April 1952. The appellant stopped ¹⁶⁸ Jiving with Alethia Noel in June 1952 because he found she had tuberculosis. She admitted that she was angry with him for leaving her.

On August 19, 1952, Alethia Noel and Verletha Johnson went to see Violet Hill Whyte, a policewoman in Baltimore City, as a result of which the appellant was arrested. Miss Whyte testified that in her presence and in the presence of Alethia Noel, Verletha Johnson stated to the appellant that over a long period of time when Alethia Noel, her foster mother, went to work and the appellant remained in the home “he would get on top of her and attempt to go in her body”. Miss Whyte further said that she warned the appellant of his rights, gave him information in detail about the offense for which he was charged, and asked him if he would be willing to discuss the case with her. She testified that Alethia Noel explained the delay in reporting what the appellant had done to the child by saying that she did not want to tell the truth about the appellant.

The appellant told Miss Whyte that he was unwilling to give her any information about the case. He told her he was legally married to a woman who lived in Boston from whom he had been separated quite a long time. He admitted that he had been intimate with Alethia Noel. “He didn’t call himself living common law, he said because he went and came.” He admitted that Verletha was in the home; that he called her by a nickname “Mickey”; that he was in and out of the house and gave money for the home but would not discuss the offense for which he was charged. He made no answer to the accusation made against him by the child in the presence of Miss Whyte and Alethia Noel and said he did not care to make a statement about it.

Alethia Noel testified that before June 8, 1952, the appellant called her on the telephone and told her that the accusation against him for tampering with the child was not true and that if he did it he was drunk. He told her to take the child to the doctor and he would pay for it. She suggested that he give her a statement in his own handwriting. She said he had rented a ¹⁶⁹ room from her in May, 1952, and at the time of the trial on October 6, 1952, she was two or three months pregnant by the appellant.

On June 3, 1952, the appellant wrote the following letter which was admitted in evidence: “Dear Alethia: “I am complying with your request because I want you to have an understanding. Alethia, I was wrong, and I have told you so. I also said that I will pay for all the hospital bills as well as take care of you and Mickey. I don’t remember the date that it happened but it was about two or three weeks ago I played around with Mickey while drinking.

I will pay all bills for you and Mickey. If there is any more you want me to say please call me and let me know. Sincerely yours, with love George Grant Stokes.” Alethia said that she and appellant “broke up” the first part of June, 1952, and that she became angry after she found out definitely what he did to Verletha. Alethia wrote a letter to the appellant at the Baltimore City jail on September 17th, 1952, in which she professed her love for him.

She said the appellant sent her $200.00 about a week before the trial of the case. She further said that she had taken Verletha to the University Hospital six times in July, 1951. The doctors reported that there had been an old partial penetration of the hymen. Verletha Johnson testified on direct examination that she had known the appellant for several months and that the appellant lived in the home with her and Alethia Noel.

She said she had intercourse with the appellant on the bed in his room about five times, the last time being June 3, 1952. She said she did this because the appellant compelled her to do so.