Cook v. State

Burglary in the first degree; sentence: thirty years' imprisonment.

Appellant was indicted for nighttime burglary "with intent to ravish." Code of Ala. 1975, § 13-2-40. The jury returned a guilty verdict, and appellant contends that the State presented insufficient evidence to sustain this conviction. We agree.

Between 3:30 and 4:00 a.m. on December 30, 1979, fourteen-year-old Rosalyn Davis awoke and saw a large man standing over her bed. When she started to sit up and scream, the man placed his hand over her mouth. She turned away from her assailant toward a window next to her bed and in doing…