OPINION
BUSSEY, Presiding Judge:
Appellant, Charles Edward Hicks, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Custer County, Case No. CRF-77-13, of the offense of Rape in the First Degree, in violation of 21 O.S. 1971, § 1114. His punishment was fixed at five (5) years' imprisonment, and from said judgment and sentence a timely appeal has been perfected to...
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