Choctaw v. State

GIVAN, Chief Justice.

Appellant was convicted of rape, sodomy and entering to commit a felony. He was sentenced to terms of 21 years on the rape count, two to 14 years on the sodomy count and one to five years on the burglary count.

The record reveals that the victim lived in an apartment house in Gary, Indiana. On January 22, 1977, she contacted the appellant to babysit for her while she attended an office party. Appellant agreed. He then bought some beer and came to her apartment where he proceeded to become intoxicated. The victim had been in the kitchen and as she walked into the living…