Dykes v. State

Birdsong, Judge.

Appellant was found guilty of rape and aggravated assault with intent to rape. The trial court ruled that the aggravated assault charge merged with the rape charge, and sentenced appellant only on the latter charge. Appellant appeals his conviction.

The victim, Ms. Houston, visited her sister’s house where the appellant was participating in an all-male card game. Ms. Houston left the house with appellant and their mutual cousin, Herbert Wilson. Ms. Houston testified that after the appellant took Herbert Wilson home, he took her to a local park and raped her twice and forced her…