Womble v. State

OPINION

CORNISH, Judge:

Wayne Wesley Womble, a/k/a Wesley A. Cunningham, was convicted by a jury in Okmulgee County District Court of Rape in the First Degree, and sentence was fixed at fifty (50) years’ imprisonment. Appellant contends that the trial court erred in not declaring a mistrial because of statements made by certain witnesses and by the prosecutor during closing argument.

Appellant entered the convenience store, where the prosecutrix was working, three times on the morning of May 3,1981. Pros-ecutrix became suspicious of the appellant’s conduct, and each time telephoned her husband,…