Collier v. State

WOODLEY, Judge.

The conviction is for rape; the punishment, five years.

Appellant, age 23, commonly called Pete Collier, lived with his cousin John Jones. Jones’ wife left for California on Friday afternoon to join her husband. She arranged for the children, including a 14-year-old daughter John Evelyn, to stay with their aunt, Lillian Riley, in her home, and left appellant in possession of the Jones residence.

About 2:30 A.M. on December 3; 1955, Helen Horn, who lived next door to the Jones home, heard a noise that “sounded as if somebody was fighting.” She had seen John Evelyn at the Jones…