SMITH v. STATE

No. A-15309.

481 P.2d 468 (1971)

Jimmy Wayne SMITH and Jerry Smith, Plaintiffs in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

February 17, 1971.


Attorney(s) appearing for the Case

John D. Boydston, Tulsa, for plaintiffs in error.

G.T. Blankenship, Atty. Gen., Robert Macy, Asst. Atty. Gen., for defendant in error.


BUSSEY, Presiding Judge.

Jimmy Wayne Smith and Jerry Smith, hereinafter referred to as defendants, were charged, tried and convicted in the District Court of Muskogee County for the offense of Rape in the First Degree; their punishment was set at five years imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court.

As briefly stated as is permitted, considering a voluminous case made, the evidence at the trial revealed...

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