Alvear v. State

ON APPELLANT’S motion for rehearing

DICE, Judge.

In his motion for rehearing, appellant challenges the sufficiency of the evidence to sustain his convicton.

He first contends that the evidence is insufficient to establish his identity as the guilty party because the prosecutrix was unable to positively identify him at the trial and only testified that he looked like, and was about the same size as, the man who entered her apartment and ravished her. While the prosecutrix did so testify, appellant overlooks the fact that in his confession, which was introduced in evidence, he admitted breaking…