Linton v. State

DICE, Judge.

The offense is rape; the punishment, 9 years.

The state’s proof shows that the prosecutrix lived at a certain address in the city of Abilene with her husband and nine 'months old son. The husband worked at night at a local service station. The prosecutrix testified that, on the night in question after she had retired around 11:30 p.m., she was awakened by a man who was lying on top of her; that when he attempted to have intercourse with her she screamed, got out of bed, and the man then dragged her into an adjoining room where her baby was sleeping; that the man threatened to cut…