State v. Brown

MEMORANDUM OPINION

CORNISH, Judge:

The State has appealed from an order of the District Court of Okmulgee County sustaining a demurrer to the State’s case in Okmulgee County Case No. CRF-80-136, the State of Oklahoma v. Lewis Cornell Brown. Mr. Brown was being tried for rape in the first degree, and the trial court ruled that the State had failed to present any evidence tending to prove that the victim was not the wife of the defendant.

The law is that one may be convicted on circumstantial evidence as well as on direct evidence. Patterson v. State, 78 Okl.Cr. 244, 147 P.2d 179 (1944), Carter v.…