Brenton v. Territory of Oklahoma

Opinion of the court by

Burford, C. J.:

This is a prosecution for the crime of statutory rape. The defendant, Jesse Brenton, was tried, and convicted in the district court of Woodward county, and brings the case to this court for review.

The first contention of counsel for plaintiff in error is that there was no evidence to show that the prosecutrix and defendant were not husband and wife at the time of the alleged offense. One of the material averments necessary to be proved by the Territory is that the prosecutrix was not the wife of the defendant. It is not necessary that such averment shall…