McQuirter v. State
Alabama Court of Appeals
63 So.2d 388 (1953)
Mrs. Allen, a white woman, was walking home at night with her children when she passed McQuirter (defendant), a black man sitting in a truck; McQuirter said something unintelligible, got out, and followed behind her before waiting near a stop sign and eventually returning to his truck. He was later arrested for attempted assault with intent to rape, and a police chief testified McQuirter admitted planning to abduct the first woman who passed, while McQuirter testified he was merely walking to another part of town and denied any illegal purpose. He was convicted and appealed, arguing the trial court erred in refusing to direct a verdict in his favor and in denying a new trial.
Whether intent is a question to be determined by the jury from the facts and circumstances produced at trial as well as consideration of social conditions and customs founded upon racial differences.