De Armond v. State

POWELL, Judge.

Herein is -involved an- appeal by Bobby Gene DeArmond, plaintiff in error, from a conviction in the district court of Rogers County, of the crime of rape, alleged to have been committed on an eleven year old girl, the sister of defendant’s wife. Punishment was assessed by the jury at fifteen years imprisonment in the State Penitentiary, the minimum for statutory rape. The penalty might have been death. Tit. 21 O.S.1951 §§ 1114, 1115.

The conviction was at a second trial. The jury was unable to agree when the case was first tried, and was discharged. Special counsel assisted in…