Allen v. State

DAVIDSON, Judge.

This a conviction for the nighttime burglary of the private residence of Arthur Alkire with intent to commit the crime of rape by force upon Charlotte Alkire, a woman, then in the residence.

Arthur Alkire and Charlotte Alkire, his wife, together with their two-year-old son, occupied and actually used as their place of residence apartment #2 of an eight-unit apartment house. About 2:30 o’clock on the morning of June 29, 1951, Charlotte Alkire was awakened by a man lying on top of her. What then happened is best shown by quoting from her testimony, as follows:

“. . . I said, who…