DeVonish v. State

OPINION

JACKSON, Commissioner.

This is an appeal from a conviction for rape; the punishment, fifty (50) years.

The prosecutrix was in the apartment where she lived with her husband on October 13, 1971, at about 1:20 P.M. watching television, in San Antonio near Fort Sam Houston, when appellant, a black man, opened the door and walked in. He said, “This is a stick-up, don’t scream,” and carried a jacket over his right hand which prosecutrix believed concealed a gun. He demanded money, made threats of violence, looked for valuables and took jewelry, then ordered prosecutrix to undress. She plead…