Vincent v. State

WOLCOTT, Chief Justice.

This is an appeal from convictions of rape and burglary in the first degree. Briefly, the facts, established by the State’s evidence, were that the victim awoke about 2:30 a. m. and discovered that her husband had not returned home. She arose and was sitting in the living room smoking a cigarette, waiting for him, when the appellant, Michael Jerome Vincent, entered through the back door and began to choke her. She tried to burn his back with her cigarette and to kick and scratch him. Vincent ultimately had sexual intercourse with her. She then lost consciousness and…