AUSTIN v. STATE

No. 51870.

384 So.2d 600 (1980)

Cecil AUSTIN v. STATE of Mississippi.

Supreme Court of Mississippi.

May 21, 1980.


Attorney(s) appearing for the Case

Louis Fondren, Pascagoula, for appellant.

A.F. Summer, Atty. Gen. by Wayne Snuggs, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROBERTSON, P.J., and LEE and BOWLING, JJ.


LEE, Justice, for the Court.

Cecil Austin was convicted in the Circuit Court of Jackson County of rape, was sentenced to life in the Mississippi State Penitentiary, and has appealed here.

The victim was sixty-seven (67) years old, lived in Pascagoula, Mississippi, and, at the time of the offense, had two (2) renters in her house. In the early morning of December 29, 1978, she went to the bathroom and, upon returning to her bedroom, someone sprang upon her...

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