Burley v. State

Sognier, Judge.

Appellant was convicted of rape and appeals (1) on the general grounds. He also contends the trial court erred (2) by charging the jury on flight, and (3) by failing to give appellant’s requests to charge on mere presence at the scene, and that simple battery is a lesser included offense of rape.

The evidence disclosed that appellant forcibly dragged the 15-year-old victim into her mother’s bedroom, threw her on the bed, and had carnal knowledge of her forcibly and against her will. Within minutes of the offense the victim told her mother and some other witnesses she had been…