Fagan v. State

Appellant was indicted for the offense of rape in the first degree. After one mistrial necessitated by a dead-locked jury, appellant was tried again and convicted as charged and sentenced by the court to 50 years imprisonment in the state penitentiary.

The prosecutrix testified that she had returned to bed at 7:30 a.m. on March 18, 1981, after seeing her husband and children off to work and school. She was awakened by a hand being clapped over her mouth by a man standing beside the bed. He then straddled her stomach, pinning her to the bed. The man wore panty hose and a mask over his face and…