Cecil v. Territory of Oklahoma

Opinion of tlie court by

Gillette, J.:

The defendant in this case, Win. A. Cecil, was convicted of the crime of rape in the district court of Woods county, and sentenced to the penitentiary. His motion for a new trial and in arrest of judgment were each overruled, and he appeals to this court for a reversal of the j'udgrnent.

The first assignment of error is in the overruling of the defendant’s demurrer to the indictment. The indictment charges the offense to have been committed on the- day of January, 1903, and the demurrer is based on the ground that the indictment is fatally defective in not…