MEMORANDUM OPINION
NIX Judge:
Marvin L. Smith, hereinafter referred to as the defendant, was charged by information in the District Court of Garvin County with the crime of Rape in the First Degree, after former conviction of a felony. He was tried before a jury, found guilty of Rape in the Second Degree, and sentenced to Five Years in the penitentiary. The defendant timely lodged his appeal in this Court asserting numerous assignments of error. He first...
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