Smith v. State

CATES, Presiding Judge.

The charge was rape, the verdict guilty and sentence is ten years in the State’s penitentiary.

The prosecutrix testified that Smith— whom she identified from pictures, in a lineup (where he had a lawyer) and in court — came to her apartment December 20, 1974. He asked directions to the apartment of another woman. On the prosecutrix’s undoing the door chain to point out beyond the entry, Smith pulled a gun and forced his way inside. Her scream was heard by a ten year old child. Smith forced himself upon the prosecutrix, having torn her garments off. She further testified…