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COOK v. STATE

No. A-12991.

367 P.2d 730 (1961)

Ira Troy COOK, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied January 10, 1962.

Second Petition for Rehearing Denied January 24, 1962.

Attorney(s) appearing for the Case

Dave K. Spradling, Oklahoma City, for plaintiff in error.

John L. Smith and Daniel G. Gibbens, Oklahoma City, for plaintiff in error, on appeal only.

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

NIX, Presiding Judge.

Ira Troy Cook, who is hereinafter referred to as the defendant, was charged by information in the district court of Oklahoma County with the crime of rape in the first degree. He was found guilty and sentenced to 18 years in the Oklahoma State Penitentiary.

Defendant lodged in this court his appeal within the time prescribed by law. He presents two assignments of error upon which

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