Phelps v. State

Birdsong, Judge.

Anthony Gene Phelps appeals his conviction of burglary with the intent to commit rape.

Late in the evening, a man entered the trailer home of one of Phelps’ neighbors. At the time, the neighbor and her young son were home. The son was in his bedroom and the mother was in her bedroom nude, reading in bed. She saw the intruder in her bedroom doorway and began screaming. The man forced her back on the bed and pinned her down. They struggled and the woman repeatedly hit the man on the head with her telephone. Finally the intruder left.

During the time he was in the room, the man did…