EBERHARDT, Presiding Judge.
A. A. Poole was indicted, tried and convicted of the offense of burglary, the indictment alleging that on April 15, 1973 the defendant, without any authority or consent of the tenant, did enter an apartment occupied by Cindi Parris with intent to rape.
The evidence disclosed that Miss Parris and her fiance, Steve Wieland, were in her apartment on the evening of April 14, 1973, watching television. They watched the late show, and...
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