State v. Dehass

Zimmerman, J.

In either a criminal or civil case the weight to be given the evidence and the credibility of the witnesses are primarily for the trier of the facts. By the verdict rendered herein, it is apparent that the jury believed the testimony of the prosecuting witness and the corroborating evidence presented by the state, and an examination of the bill of exceptions demonstrates that such evidence was sufficient to support the verdict of guilty, as returned by the jury, and the judgment of the trial court.

Briefly, the bill of exceptions contains evidence that Frances Hite, a 49-year-old widow with three adult children and weighing less than 100 pounds, was forcibly removed at night by DeHass, 24 years old, and against her protests from the Pleasure Lake Tavern and placed in a nearby' automobile, owned and later driven by Craig, also 24; that, while the automobile was both in motion and stationary, DeHass and Craig had sexual intercourse with Mrs. Hite several times over her frantic but futile resistance; that both DeHass and Craig struck her, tore her clothing and otherwise brutalized her; that, after she left or escaped from the automobile, several persons observed her torn clothing, disheveled appearance, distraught condition and bruises on her face; and that, upon her examination by' a physician at the Brown County General Hospital, male spermatozoa were found in her vaginal canal. The physician also observed her physical injuries and her emotional disturbance. “She had multiple bruises and contusions of the face and chest, the right ankle and the left hand.” She was hospitalized for nine days on account of her injuries and, at the [*232] time of the trial, had not been able to resume her regular employment.