Plaintiff in error, Taylor R. McKinnon, defendant below, was charged by information in the District Court of Jefferson County, Oklahoma, with the crime of attempted rape, 21 O.S. 1951 § 42, allegedly committed on or about July 5, 1955, in said county and state. He was tried by a jury, convicted of the included crime of assault with intent to commit rape, 21 O.S. 1951 § 681, and the jury, being unable...
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