Stewart v. State

Benham, Judge.

Appellant brings this appeal from his conviction of rape, burglary, and robbery.

At trial the State produced the following evidence: At 4:00 a.m. on May 18, 1982, the victim was awakened in her home by an intruder who was holding his hand over her mouth. He then raped her and took three rings from her hands. The victim described her assailant as being about 5' 10" tall, of slender build, with light moustache hair on his upper lip, wearing “a military T-shirt” with a shirt of her husband’s over his head, and wool-textured knit gloves on his hands. She thought he was a black man…