Brown v. State

BUSSEY, Judge.

Andrew Brown, hereinafter referred to as defendant, was jointly charged with one Charles Hicks with the crime of Rape in the First Degree in the District Court of Garfield County, case no. 3383. A severance was granted and defendant was tried by a jury who found him guilty and assessed his punishment at 99 years’ imprisonment. From said judgment and sentence he appeals.

Briefly stated, the unrefuted facts are that the prosecutrix, a 17 year old white girl, was parked on a country road with her boyfriend, a 17 year old white male, on the evening of the 12th day of June, 1966,…