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MILLER v. STATE

No. A-11413.

94 Okla. Cr. 297 (1951)

235 P.2d 552

MILLER v. STATE.

Criminal Court of Appeals of Oklahoma.

Rehearing Denied August 1, 1951.

Attorney(s) appearing for the Case

James V. Whitley, Duncan, and Roe & Roe, Frederick, for plaintiff in error.

Mac Q. Williamson, Atty., Gen., and Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

BRETT, P.J.

The plaintiff in error, Oswell Coy Miller, was charged in the district court of Tillman county, Oklahoma, with the crime of rape in the second degree, Title 21, § 1114, O.S.A. 1941. The crime was alleged to have been committed by the defendant on March 18, 1948, by carnally knowing DeLois Godfrey, then 14 years of age, contrary to law. The defendant was tried by a jury, convicted and his punishment set...

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