Heath v. State

Pope, Judge.

Henry Calvin Heath appeals his conviction of burglary with intent to rape. His sole enumeration cites as error the trial court’s denial of his motion for directed verdict which challenged the sufficiency of the evidence to prove intent to rape.

The evidence showed that on September 29, 1979 the victim awoke at approximately 4:00 a.m. to turn off her radio. As she did so, she was aware of someone standing over her. The victim was scared and began hollering for her mother and stepfather. The person standing over her, later identified as appellant, began choking her. “He... had his…