Hornsby v. State

McMurray, Presiding Judge.

Defendant was convicted of burglary, rape, two counts of aggravated sodomy and aggravated assault. Following the imposition of sentence, he appealed. Held:

1. The victim was attacked in the middle of the night by an assailant wielding a knife. The assailant stated that he had been drinking. He raped and sodomized the victim and threatened to cut her with the knife and to kill her.

The victim was a neighbor of defendant’s mother. She had known defendant since he was a child because her son and defendant were friends.

Defendant was living with his mother when the victim…