DAVIDSON, Commissioner.
This is a conviction for nighttime burglary of a private residence, with punishment assessed at ninety-nine years in the penitentiary. The felony alleged to have been intended by the burglary was that of rape.
About twelve o'clock on the night of December 3, 1952, Dr. Hilbun, a physician of Henderson in Rusk County, was called at his home to come to the hospital to assist in an emergency operation. He left his wife asleep in the residence...
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