Matthews v. State

The defendant, Dero Matthews, was charged by information filed in the district court of Tulsa county with the crime of attempted first degree rape, second offense. He was tried before a jury on October 1, 1948, found guilty of the charge, and his punishment assessed at 60 years in the State Penitentiary.

Appeal has been perfected to this court. Counsel for defendant argues that there was not sufficient evidence to convict the defendant of the charge, but that the evidence was only sufficient to convict him of the lesser and included offense of sexual abuse of a female child, second offense.

It…