McQuirter v. State 36 Ala. App. 707, 63 So.2d 388 (1953) Allen (described as 'a white woman') was walking down the street with her kids when she saw McQuirter (described as 'a Negro man') sitting in a car. He exited the car and began to follow her. Allen got scared and called for a neighbor. McQuirter wandered about aimlessly for a while and then went home. McQuirter was arrested and charged with assault with intent to rape. At Trial, the sheriff testified that McQuirter confessed to police (under interrogation) that was thinking about raping Allen, but didn't go through with it. At Trial, McQuirter testified that he never threatened Allen and wasn't even following her, he just happened to be walking in the same direction. The Trial Court convicted McQuirter of assault with attempt to rape and fined him $500. He appealed. The jury was instructed that they "may consider social conditions and customs founded upon racial differences, such as that Allen was a white woman and McQuirter was a Negro man." The Appellate Court upheld the conviction. The Appellate court found that in order to be guilty of attempt, there must be an intent on the part of the defendant to commit the crime. The Court found that intent is a question to be determined by the jury from the facts and circumstances adducted at trial. The jury found that McQuirter had intent beyond reasonable doubt. The Court found that jury's verdict was reasonable and should not be overturned. Note that this case happened in Alabama during the 1950s.