Smith v. State

BARKDULL, Chief Judge.

Al P. Smith appeals from a final judgment of conviction and sentence, entered pursuant to a jury verdict that found him guilty of breaking and entering with intent to commit rape and involuntary sexual bat*118tery with a deadly weapon. He was sentenced to forty years and ten years imprisonment, respectively, to run concurrently. This appeal ensued.

The record reveals the following: The defendant testified in his own behalf and, on cross-examination, was asked: “You would never break into anybody’s house, would you?” Defense counsel objected, and defendant answered that he had…