People v. Pennington

Defendant Charles Pennington was indicted in three counts and charged with burglary with intent to commit theft, burglary with intent to commit rape, and rape. After he had pleaded not guilty and waived a jury trial, the defendant was tried and acquitted of the charge of burglary with intent to commit theft, but was convicted of burglary with intent to commit rape and of rape. He was sentenced to terms of eight to fifteen years in the penitentiary on each of the two convictions, the sentences to run concurrently.

On appeal, the defendant contends that, (1) the State failed to prove that the…