State v. Collins

STEWART, Judge.

Defendant was charged under a two count indictment with Forcible Rape and Sodomy, he was convicted of sodomy and punishment was fixed at two years. We affirm the conviction.

On September 23, 1976, defendant was working as an electrician. When defendant arrived at the job site at approximately 8:30 AM neither his employer, Mr. Lewis, nor his co-workers Heimsness and Smith were there. Defendant called Heimsness, told him the employer had failed to show up and made arrangements to meet at a bar near the site.

Defendant, Heimsness and Smith played pool and drank beer. Around 10:30 or…