State v. Finley

UDALL, Justice.

The defendant-appellant, Claude Richard Finley, age 21 years, was convicted by a jury, composed of ten men and two women, of forcibly raping a 44-year-old widow, the mother of two grown children. We shall herein refer to Mrs. K- as the prosecutrix or victim. The court sentenced defendant to serve not less than eight nor more than 16 years in the penitentiary. He appeals from the judgment of conviction and the order denying his motion for a new trial.

While there is some sharp conflict in the evidence, the material testimony — stated in a light most favorable to sustaining the…