Cape v. State

This appeal is from a judgment of conviction of the crime of “assault with intent to commit rape,” rendered October 4, 1935, and sentence in accordance with the verdict of the jury of imprisonment in the county jail for a period of one year, and in default of the payment of the costs, further imprisonment in said county jail for a period not to exceed one day for every dollar of the costs.

The information in substance charged that in Oklahoma county on May 19, 1935, Clay Cape, the defendant, did then and there assault with intent to commit rape, one Helen Gilmore, a female, with the felonious…