Grace v. State

DAVIDSON, Presiding Judge.

The death penalty was inflicted upon appellant by the jury under a charge of rape.

Mrs. Howard, the assaulted female, testified upon the trial that she recognized appellant as the assaulting party at her house; that the room was dark when he entered, that he woke her by placing his hand on her, that she turned on the light and that he instantly broke it, showing that the recognition was by the momentary flash of the light. It is also claimed that she got a view of him as he went out of the door. There is evidence of parties who talked with prosecutrix the morning…