Colbert v. State

OPINION

BUSSEY, Presiding Judge:

Appellant, Clow Wesley Colbert, hereinafter referred to as defendant, was charged in the District Court, Atoka County, Case No. CRF-76-15, with the offense of Assault With Intent to Rape, in violation of 21 O.S.1971, § 681. The case was tried to a jury and a guilty verdict was returned, punishment being assessed at two (2) years’ imprisonment. From said judgment and sentence, a timely appeal has been perfected to this Court.

The State’s first witness was Dr. Wallace Byrd, who testified that at approximately 7:30 p. m. on the evening of March 14,1976, he had…