Timmons v. State

LEIGH .M. CLARK, Retired Circuit Judge.

This is an appeal from a conviction of rape and a sentence of imprisonment for forty years.

*1140The main controverted issue was as to the identity of the person who, according to the testimony of the seventy-two-year-old alleged victim, raped her. The evidence was undisputed that the rapist got in her bed, in her house that she alone occupied, after she had gone to sleep on the night of April 15,1978, and forced himself upon her. She was positive that he was of the same race as defendant, and some of her descriptions of him corresponded with defendant, but…