Smith v. State

NIX, Judge:

Plaintiff in error, Dean Smith, hereinafter referred to as the defendant, was charged in the Superior Court of Garfield County, Oklahoma with the crime of Attempted Rape. He was tried by a jury, found guilty, and his punishment assessed at 25 years in the penitentiary. From that judgment and sentence he has appealed to this Court.

From the record, it appears that late on the night of April 25, 1967, the wife of defendant caught him attempting to rape her 8 year old sister. (We will not recite herein the sordid facts of the actual crime, as they are recorded in the casemade for…