Carter v. State

LEIGH M. CLARK, Supernumerary Circuit Judge.

This is an appeal from a conviction of rape and a sentence to the penitentiary for ten years.

According to the testimony of the alleged victim, she was awakened by an intruder in her apartment about 3:00 A.M., March 1, 1975. She was sleeping alone in a bed. The only other occupants of the apartment at the time were her two children of the ages of six and three years, who were sleeping in an adjoining room. She had been recently divorced. She went to bed the evening before at about nine or ten o’clock after she had put the children to bed. She left…