Pippin v. State

Banke, Presiding Judge.

In a three-count indictment the appellant, Eugene Pippin, was charged with raping and sodomizing his aunt, Louise Pippin White, and committing aggravated assault against his father, Lewis Pippin. The appellant was found guilty of rape and sentenced to 20 years in prison. This appeal is from the denial of his motion for a new trial.

The state’s evidence showed that the appellant entered his 59-year-old aunt’s room while she was sleeping and raped and sodomized her. The appellant’s brother, who is mildly retarded and confined to a wheelchair, testified that the appellant…