Ballentine v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of the offense of burglary with intent to commit the crime of rape, his punishment being assessed at twenty-five years in the penitentiary. Briefly, the facts are that someone entered the room in which Mrs. Ida Barnett was sleeping. Her testimony is to the effect that she was sleeping in a bed by herself, her husband occupying one in the adjoining room. It is disclosed that the rooms adjoined each other, being separated by folding doors, and as the husband of Mrs. Barnett states, the two rooms were practically one. Some time during the night,…