Collier v. State

ON MOTION FOE REHEARING

MORRISON, Presiding Judge.

Appellant takes us to task for holding that the conviction for rape can be sustained in the light of prosecutrix’ testimony that the appellant did not do anything to her “not as I knows of.”

Lillian Riley testified that the appellant came home between twelve and two o’clock that morning.

*101Prosecutrix testified that he came home about twelve thirty. She stated that it took about thirty minutes for her to drink the wine and that she then went to sleep.

Helen Horn testified that she heard the noise in the house about two thirty.

When the investigating…