Bivens v. State

OPINION

DWYER, Judge.

Retained counsel makes nine assignments of error contending that the jury’s verdicts with judgments entered thereon of finding the defendant in a joint trial guilty of rape and murder in the second degree was had contrary to the law. The punishment for rape was fixed at fifty years. The punishment for murder in the second degree was fixed at not less than ten nor more than twenty years. The facts reveal that in the early morning hours of May 16, 1970, the prosecutrix and her husband were awakened by a knock on the door. She answered the knock and a male voice inquired if…