People v. Eaton

Defendant was charged by information with forcible rape and burglary. Upon trial by the court sitting without a jury he was adjudged guilty of both offenses, the burglary being fixed in the first degree due to the accompanying assault. Three prior felony convictions were admitted and he was sentenced to the state’s prison. He appeals from the judgment of conviction and the order denying a motion for new trial.

Pursuant to recognized rules, the following narration of the evidence is in the aspect most favorable to the respondent. At or about 5 o’clock on the morning of June 16, 1958, the…