Goodson v. State

BRETT, Judge.

This is an appeal by Marcus L. Goodson, Jr., thirty six years of age, defendant below, from a judgment and sentence entered against him after conviction by a jury for the crime of first degree rape, 21 O.S.1951 §§ 1114, 1115, committed upon the person of Rose Ann Thomas, thirteen years of age, his stepdaughter. Upon said conviction the jury was unable to agree on the sen tence, leaving the penalty to the trial judge who fixed the same at thirty five years in the state penitentiary, and entered judgment accordingly.

The defendant asserts first that the entire record is subject to…