POWELL, J.
Plaintiff in error, Silas Louis, hereinafter referred to as defendant, was charged by information filed in the district court of McCurtain county, with the offense of first degree rape. Pertinent allegations read:
"That is to say the said Silas Louis, in the County of McCurtain, State of Oklahoma, and on or about the 12th day of June [1947] then and there being, did then and there unlawfully, willfully and feloniously rape, carnally know and have...
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