Humphrey v. State

Birdsong, Presiding Judge.

Charles Gary Humphrey was convicted of rape and burglary. He was sentenced to fifteen years with seven years to serve concurrently on each count, and appeals.

The prosecutrix and Humphrey were married, but living separately at the time the alleged offenses were committed and when the case was tried. The prosecutrix was asleep alone in the home of her grandparents in the early morning hours of August 25, 1990, when appellant broke in by removing a skylight. She testified that he was holding her grandfather’s shotgun when he awoke her, and that he bound her hands behind…