Brasel v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Tulsa county of rape in the second degree, and his punishment fixed at imprisonment in the state penitentiary for a term of 3 years.

The information alleges the rape to have been committed upon the person of Mary Queen, a female of the age of 14 years. The proof is that she was 13 years of age. The principal contention argued is that, since the evidence discloses the female to have been of the age of 13 years, the rape, if any proven, was rape in the first degree, and the evidence does not sustain a…