Ervin v. State

BRETT, Judge.

This is an appeal by Maurice Ervin, from a judgment and sentence of thirty-seven and a half years imprisonment entered against him in the district court of Pontotoc County, Oklahoma, for the crime of attempted rape, allegedly committed on April 1, 1960, in Ada, Pontotoc County, Oklahoma.

The preliminary complaint and the information both allege facts to establish attempted rape, and specifically in the charging part of the information alleged attempted rape. However, in the descriptive label of both the preliminary complaint and the information, the offense was described as…