Hays v. State

LATTIMORE, Judge.

—In this case appellant was convicted o£ burglary of a private residence, with intent to commit the offense of rape.

We find in the record but one question of sufficient importance to justify our consideration, and that is, as to the sufficiency of the evidence.

Appellant was charged with breaking into the private residence of Mrs. E. C. Butterfield, with intent to commit rape upon her. The proof shows that her husband was temporarily away from home, and had procured appellant to stay at the house during his absence, as protection for Mrs. Butterfield, and her small child. On…