Walker v. State

*1210OPINION

BUSSEY, Presiding Judge:

Appellant, Ervin Melvin Walker, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF-76-3128, for the offense of Rape in the First Degree, After Former Conviction of a Felony in violation of 21 O.S.1971, §§ 1111 and 1114. His punishment was fixed at fifty (50) years’ imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial Joyce Walker testified that she was twelve years old and was the daughter of the defendant. On November 9, 1976, she…