Crook v. State

OPINION

BUSSEY, Judge:

Appellant, Joseph Ray Crook, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-2113, with the crime of Rape in the Second Degree, in violation of 21 O.S.1971, § 1111. His punishment was fixed at fifteen (15) years’ imprisonment in the state penitentiary, and he appeals.

Briefly stated, the facts at the trial reveal that on February 16, 1974, Marsha Ann Holmes left her eight month old baby girl under the care of the defendant for a period of approximately five hours. Upon her return she discovered,…