State v. Headley

SCHOTT, Chief Judge.

Defendant was convicted of aggravated rape in violation of LSA-R.S. 14:42 and simple burglary in violation of R.S. 14:60 and was sentenced to life in prison for the former offense and twelve years for the latter.

We have examined the record for errors patent and find none.

By his only assignment of error defendant argues that the evidence was insufficient to convict him of aggravated rape, but was sufficient only for the lesser included offense of forcible rape, proscribed by R.S. 14:42.1. In order to address this assignment we must first consider the evidence.

At about 7:00…