Schuenemann v. State

OPINION

GREEN, Commissioner.

The conviction is for burglary of a private residence at night with the intent to commit rape. Punishment was assessed at 99 years’ confinement.

The record reflects that between 3:00 and 3:30 o’clock on the morning of July 23, 1970, the complaining witness, a young single woman who lived alone, was awakened by a noise in her apartment. 1 As was her custom, she had gone to bed nude, and with the lights on. She arose and went to the foyer of the apartment, where she saw appellant with a long, thin butcher knife in his hand and one of her stockings over his head and…