Hays v. State
| Decision Date | 14 January 1920 |
| Docket Number | (No. 5544.) |
| Citation | 217 S.W. 938 |
| Parties | HAYS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Smith County; J. R. Warren, Judge.
Leonard Hays was convicted of burglary with intent to commit rape, and he appeals. Reversed and remanded.
Simpson, Lasseter & Gentry, of Tyler, for appellant.
Alvin M. Owsley, Asst. Atty. Gen., for the State.
In this case appellant was convicted of burglary of a private residence, with intent to commit the offense of rape.
We find in the record but one question of sufficient importance to justify our consideration, and that is as to the sufficiency of the evidence.
Appellant was charged with breaking into the private residence of Mrs. E. C. Butterfield with intent to commit rape upon her. The proof showed that her husband was temporarily away from home, and had procured appellant to stay at the house during his absence, as protection for Mrs. Butterfield and her small child. On the second night of such absence Mrs. Butterfield says she was awakened from sleep to find appellant bending over her and holding her wrist, that when she moved he said, "This is Hays," and that she then jerked away from him and said, and that he at once ran out of the room; she dressed herself and little child, and went at once to the house of a tenant, and told him what had occurred; that this man went to the part of the Butterfield home occupied by appellant, and found him, as said witness testified, simulating sleep. Said witness inquired of appellant what he meant by his conduct, to which appellant replied that, if he went into Mrs. Butterfield's room, he must have been walking in his sleep.
There is no question but that a screen door opening into Mrs. Butterfield's sleeping apartment was cut, and that such entry was burglarious if made for the purpose of rape upon her as charged in the indictment.
The charge of the trial court was exceptionally full and fair, and submitted to the jury the question of appellant's purpose in entering the house, instructing them that, if he intended to have carnal intercourse with the woman by force, he would be guilty, but that, if at the time of such entry his intention was to have intercourse with her with her consent, he would not be guilty.
We hesitate to interfere with a verdict in any case, but, when there appears to us no sufficient evidence, we will so hold. Aside from the fact of entry by cutting...
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Howard v. State, No. 01-07-00686-CR (Tex. App. 8/21/2008)
...evidence was insufficient when defendant only cut window screen to complainant's bedroom and subsequently left); Hays v. State, 86 Tex. Crim. 469, 471, 217 S.W. 938, 938 (1920) (holding that evidence was insufficient when defendant was holding complainant's hand and, upon her awakening, did......
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