Hays v. State

In Hays v. State, 86 Tex. Crim. 469, 217 S.W. 938, 938 (1920) the Court found the evidence legally insufficient where the complainant awakened to find a family friend (who was staying in the home while the complainant's husband was away) "bending over her and holding her wrist." The Court found the evidence insufficient because the defendant did not attempt to conceal his identity, did not threaten the complainant, and did not use force against her. Id.