Eubanks v. State

POWELL, Judge.

This appeal comes on from the district court of Sequoyah County, where the plaintiff in error, Paul Eubanks, hereinafter referred to as defendant, was tried before a jury and convicted of the crime of rape in the first degree, alleged to have been committed on his thirteen-year old daughter. The jury being unable to agree upon the punishment to be assessed, left that to the court, and the Hon. E. G. Carroll, trial judge, sentenced the defendant to serve twenty years in the State Penitentiary at McAlester.

The charging part of the information reads:

“ * * * that Paul Eubanks did,…