Alvear v. State

WOODLEY, Judge.

The offense is burglary of a private residence at night with intent to commit rape; the punishment, 5 years.

The state’s evidence, including the testimony of the woman named in the indictment, the arresting officers and the confession of the appellant, shows that on the night alleged appellant and a companion entered the private residence occupied by the woman named in the indictment, and both succeeded in having intercourse with the woman over her protest and despite her outcries and resistance.

The evidence further shows that entry into the house was effected by cutting a…