State v. Jaime

Appellant was tried and convicted on two counts: (1) rape committed against the will of, and’ without the consent of, the prosecuting witness who was then unconscious of the nature of the act, which fact was known to appellant, and (2) second-degree burglary committed under circumstances not amounting to first-degree burglary by entering the dwelling house of another with intent to commit some crime therein.

The trial court denied appellant’s motion to dismiss the case at the close of the state’s evidence. Appellant did not take the stand nor present any evidence. He made the usual post-trial…