POWELL, J.O.D.
Epley was tried in the district court of Oklahoma county for the crime of rape in the first degree, convicted and punishment assessed by the jury at 40 years imprisonment in the State Penitentiary. It was charged in the information that the act was accomplished by means of force and threats of immediate injury and great bodily harm, accomplished by apparent power of execution, and preventing resistance. 21 O.S. 1941 §§ 1111 subd. 5, 1114....
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