State v. Kirkpatrick

HIGGINS, Commissioner.

Appellant, charged by information with burglary in first degree in that he did “unlawfully and feloniously (and) burglariously break and enter the dwelling house of Lyman H. Kimes * * * in which dwelling there was at the time a human being, * * * by forcibly breaking or bursting the outer door of the said dwelling house with the felonious * * * intent to rape one said Madelon Kimes * * *,” was convicted of that offense by a jury which assessed his punishment at 15-years’ imprisonment in the penitentiary. Sentence and judgment were rendered accordingly. Sections 560.040…