Day v. State

Judge Arnold Shulman.

The appellant was tried for six counts of burglary, two counts of rape, and one count each of aggravated assault and possession of a knife during commission of a crime. The jury returned a verdict of guilty on all but the last count, and the case is before us on appeal from the denial of the appellant’s motion for new trial.

The evidence against the appellant fairly may be characterized as overwhelming. Each of the two rape victims testified that two men had gained entry into her apartment, tied her up, obtained her automated bank teller machine card, threatened to kill…