Dubois v. State

This is an appeal from the district court of Le Flore county wherein defendant D. H. Dubois was convicted of rape in the second degree, and his punishment assessed at a term of 15 years’ imprisonment in the state penitentiary. Several alleged errors are assigned, chiefly relating to the failure of the state to prove the material elements of the offense.

First, it is alleged that there is no sufficient proof that defendant and prosecutrix were not husband and wife. The proof on this issue is slight. No direct evidence was offered by the state, although witnesses were introduced who apparently…