Holmes v. State

OPINION

BUSSEY, Presiding Judge:

Appellant, Ernie L. Holmes, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Comanche County, for the offense of Rape in the First Degree. His punishment was fixed at a term of not less than five (5) nor more than fifteen (15) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Everette Hester testified that at approximately 4:00 a. m. on June 2, 1971, the defendant came into her bedroom through the window. She screamed and the defendant grabbed her…