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...
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