Privitt v. State

BRETT,- Judge.'

This is an appeal by Vernon Junior Priv-itt from a judgment and sentence rendered against him on May 15, 1958, in the District' Court of Garfield County, Oklahoma, on an information charging him in two counts, first, with felonious assault upon Kathleen Platt with intent to rape, allegedly committed on or about January 15, 1958, or second, assault with intent to rob the said victim. 21 O.S.1951 § 681. He was tried by a jury, convicted of assault with intent to rape, and the jury being unable to agree on the penalty, determination thereof was left to the trial court which fixed…