No. F-80-426.

632 P.2d 1246 (1981)

John Kawaii SOWDER, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

August 11, 1981.

Attorney(s) appearing for the Case

R.W. Byars, Tulsa, for appellant.

Jan Eric Cartwright, Atty. Gen., Reta M. Strubhar, Asst. Atty. Gen., Oklahoma City, for appellee.


BUSSEY, Judge:

The appellant, John Kawaii Sowder, was convicted of Assault with Intent to Rape, in violation of 21 O.S. 1971, § 681, in Tulsa County District Court, Case No. CRF-77-2419, and was sentenced to two (2) years' imprisonment.

On September 4, 1977, at approximately 4 a.m., the prosecutrix returned to her home in Tulsa, from a club, after having picked up her two daughters, ages five...

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