Cox v. State

CARR, Judge.

Appellant was indicted for the offense of burglary in the first degree as denounced by Title 14, Sec. 85, Code 1940. The three counts in the indictment charged him with: (1) Intent to steal, (2) intent to rape, (3) intent to rape Annie Lawler.

The jury responded with a general verdict of guilt.

The pertinent facts disclosed by the record are: Mrs. Annie Lawler, an elderly lady, her niece, Mrs. Mullinax, and the latter’s little son occupied a home in the rural section of Madison County. The appellant lived a distance of between one-half and three-quarters of a mile therefrom. On the…