Carter v. State

BRETT, Presiding Judge.

Plaintiff in error, Fay Albert Carter, defendant below, was charged by information in the District Court of Tulsa County, Oklahoma, with the crime of attempted rape on the 21st day of May, 1955, in Tulsa County, Oklahoma, on the person of his nine year old daughter, Juanita May Carter. A jury was waived and the matter tried to the court. Upon a finding of guilty, judgment and sentence were entered fixing the defendant’s punishment at ten years in the state penitentiary. From said judgment and sentence this appeal has been perfected.

The defendant urges three propositions…