English v. State

Richard B. Adkisson, Chief Justice.

After a jury trial, appellant was convicted of rape and burglary and sentenced as a habitual offender to life imprisonment and fined $15,000 for rape and to 40 years for burglary. The sentences were set to run consecutively. On appeal we reverse and remand for a new trial.

The evidence showed that on November 9, 1980, at approximately 7:30 p.m. appellant entered the victim’s apartment through an open window and raped her. Five days later appellant returned to the victim’s home “around midnight” and knocked on her door; she recognized him as her previous…