Aiola v. State

HARWOOD, Presiding Judge.

The indictment against this appellant charged that he: “With intent to rape, did, in the nighttime, break into and enter an inhabited dwelling house of Bessie Merchant, which was then and there occupied by Bessie Merchant, a person, lodged therein”- — etc.

The indictment charges burglary in the first degree.

The evidence presented by the State tended to show that the appellant, during the nighttime broke and entered the home of Bessie Merchant in Mobile, and after thus gaining an entrance he got into bed with Linda Merchant, a twelve year old daughter of Bessie…