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McQuirter v. State | 63 So.2d 388 (1953)
Courts in Alabama and other southern states had long assumed that black men were prone to sexually assaulting white women, and judges often instructed juries to consider the respective races of alleged victims and defendants. This history preceded the parties in McQuirter versus State, in which a white woman and a black man encountered each other one dark June night.
Mrs. Allen and her children had gone out to get Coca-Colas at the Tiny Diner in Atmore. Walking home, they passed a parked truck. Mr. McQuirter was sitting in the front seat. He opened the truck door as the Allens walked by.
Here the accounts differed. Allen testified that McQuirter got out of the truck and followed her down the street. She stopped and let him pass, but when she continued, McQuirter jumped out from behind a telephone pole. She and the children went to a neighbor’s house, where she watched McQuirter lean against a stop sign for half an hour before he departed. Allen’s daughter and the neighbor confirmed her story.
The police testified that McQuirter told them he’d come to town with the, quote, “intention of getting him a white woman that night,” unquote. In their account of McQuirter’s statement, McQuirter and a friend had come to Atmore from Pensacola. The friend had gone to the Front, the African American part of town, to see a woman. McQuirter had no money, so as he waited in his truck, he decided to get the first woman who came by. He’d reportedly planned to carry Allen into the cotton patch, where he would’ve killed her if she’d hollered.
McQuirter denied following Allen, and denied making the statements reported by the officers. McQuirter claimed he and his friend had been hauling junk iron to Pensacola, and stopped in Atmore on their way home. They’d both gone to the Front. McQuirter had come back to the truck to wait for his friend and had just decided to go look for him when Allen came by. He waited for her to pass, and then walked toward the Front. After about thirty minutes, he returned to his truck.
McQuirter had never been arrested before. His witnesses testified as to his reputation for peace and honesty.
McQuirter was tried for attempt to commit an assault with intent to rape. The jury found him guilty. McQuirter appealed to the Alabama Court of Appeals.
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