Jimmie Leon Linton v. State

The states proof shows that the prosecutrix lived at a certain address in the city of Abilene with her husband and nine months old son. The husband worked at night at a local service station. The prosecutrix testified that, on the night in question after she had retired around 11:30 p.m., she was awakened by a man who was lying on top of her; that when he attempted to have intercourse with her she screamed, got out of bed, and the man then dragged her into an adjoining room where her baby was sleeping; that the man threatened to cut both her and the baby and threatened their lives; that, after she quieted the baby, they then returned to her room where the man tore her gown off and had carnal knowledge of her against her will and without her consent. She stated that at such time she was scared and that, after the man left the house, she saw a 1955 blue and white Chevrolet automobile with a mirror on the fender and "loud tail pipes" drive out of the driveway. She further testified that the man appeared to have been drinking, was wearing white khaki clothing, and had bushy hair but that she could not identify appellant as the man. She further testified that the man left a cigarette lighter and a pencil in the bed. After the man left, the prosecutrix took her baby and went to a neighbors house across the street. When they arrived she was crying, could not talk coherently, and, after her husband had been called and came to the house, she related to him what had happened to her. It was shown that appellant owned and operated a 1955 Chevrolet blue and white automobile with twin mirrors on the fenders and dual exhaust pipes. On the night in question, appellant drove into the service station where the prosecutrix husband was working on two occasions. On the first occasion, appellant came to the station around 8 p.m., and purchased a Coca-Cola and, on the last occasion, around 1:05 a.m., when he purchased a package of cigarettes.