Thomas v. State

Birdsong, Presiding Judge.

The defendant, Otis Thomas, appeals his conviction for the offense of rape. The victim testified that she and her husband were not working and she was nine months pregnant. They were invited to live in the house of Nina Wilhite. The defendant Thomas, the common-law husband of Wilhite, also lived there. Wilhite was working one night when Thomas came home at 1:00 a.m. and was alone with the victim. The victim said she was asleep when Thomas arrived, and he awakened her by pulling her by the arm, off of the sofa where she was sleeping. The investigating officer…