Willis v. State

Appellant Willis was convicted by a jury on August 27, 1976 in the Marion Criminal Court of rape and first-degree burglary. He was sentenced to twenty years imprisonment. The first trial of these charges was held December 29, 1975, with the jury returning a verdict of guilty. On May 4, 1976, the trial court granted appellant’s Motion to Correct Errors, and the second trial was held. Appellant was again convicted, and the present appeal follows.

The record shows that on August 23, 1975, at 4:00 a.m., the prosecutrix was awakened in the bedroom of her home by appellant. Appellant struck her on…