399 S.W.2d 357 (Tex.Crim.App. 1966), 38890, Brooks v. State

Docket Nº:38890.
Citation:399 S.W.2d 357
Party Name:Charles Wallace BROOKS, Appellant, v. The STATE of Texas, Appellee.
Case Date:January 19, 1966
Court:Court of Appeals of Texas, Court of Criminal Appeals of Texas

Page 357

399 S.W.2d 357 (Tex.Crim.App. 1966)

Charles Wallace BROOKS, Appellant,


The STATE of Texas, Appellee.

No. 38890.

Court of Criminal Appeals of Texas.

January 19, 1966

Rehearing Denied March 9, 1966.

Adelfa B. Callejo, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., John Vance, Tom Reese and W. John Allison, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The appellant was convicted for assault with intent to rape, and his punishment was assessed at thirty-five years.

The prosecutrix testified that while she was asleep about 12:30 A.M., in her bedroom with the door locked, she was awakened by a noise at the door of her bedroom which she, at the time, thought was caused by the suction fan in the apartment house; that shortly thereafter the appellant broke the door lock and entered her room; and by the light from the hall she recognized the man entering her room as being the appellant who was known to her as Jack Scholl or Jack Scholts and who had two or three days previously rented a room in the same building. When the appellant came through the door the prosecutrix began screaming, and appellant leaped upon her body, grabbed her by the throat with one hand and put the other over her mouth. The prosecutrix heard another roomer

Page 358

come out into the hall but she was unable to say anything before the roomer returned to her room. Appellant told the prosecutrix not to make a sound or he would kill her, and when he told her he wanted to have intercourse, she would not consent, and begged him not to bother her, but he continued the pressure on her throat with one hand as he undressed himself with the other, and he then made her pull off her panties, and while between her legs he grabbed her left breast, telling her to 'put it in,' and she said she couldn't because she was too small. Under the ruse of getting a lubricant from the dresser, he held her as she went to the dresser where he slackened his grip and she jerked the door open and ran into the hall screaming. The appellant, nude, overtook her, knocked her down and beat her on the head, and when a nearby roomer began opening her door, the appellant returned to the prosecutrix's room. From the roomer's window the prosecutrix screamed for help, and shortly another roomer came. In a brief time they saw the appellant leaving...

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