NIX v. STATE

5 Div. 568.

126 So.2d 121 (1960)

A. C. NIX v. STATE.

Court of Appeals of Alabama.

Rehearing Denied August 16, 1960.


Attorney(s) appearing for the Case

Glen T. Bashore and Walter C. Hayden, Jr., Clanton, for appellant.

MacDonald Gallion, Atty. Gen., and John G. Bookout, Asst. Atty. Gen., for State.


PRICE, Judge.

The defendant was indicted for and convicted of the offense of burglary with intent to rape. Title 14, Sec. 85, Code of 1940.

Nina Faye Nix testified she lived at Maplesville, in Chilton County. At about 11 o'clock on Saturday night, August 9, 1958, A. C. Nix, who was the uncle of her husband, came to her home, stayed about an hour and then left. At 1:00 o'clock she awoke and discovered defendant in her livingroom. After a struggle he overpowered...

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