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McKELLY v. STATE

No. A-13175.

375 P.2d 981 (1962)

Elmore McKELLY, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

November 7, 1962.

Attorney(s) appearing for the Case

E. Melvin Porter and Lewis E. Darrell, Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen., James H. Harrod, Oklahoma County Atty., John M. Amick, Asst. County Atty., for defendant in error.

BUSSEY, Judge.

This is an appeal perfected by Elmore (PeeWee) McKelly, hereinafter referred to as defendant, from a judgment and sentence entered against him by the Honorable William L. Fogg, District Judge in and for Oklahoma and Canadian Counties, fixing his punishment at 15 years in the State Penitentiary for the crime of Rape in the First Degree.

There are three assignments of error urged by defendant as grounds...

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