Cain v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of rape under the former Penal Code; the punishment is imprisonment for 50 years.

Appellant contends the evidence is insufficient to support the conviction. We must agree. This record presents unusual facts showing the commission of a number of closely related, interwoven criminal offenses. Although the evidence may be sufficient to prove the appellant was guilty of kidnapping, robbery, burglary, theft, assaults, and of being an accomplice in the offense of rape, the evidence is insufficient to show the appellant…