Upchurch v. State

The plaintiff in error, hereinafter called the defendant, was convicted of the crime of willfully, unlawfully, and feloniously having sexual intercourse with Ella Lemons, said Ella Lemons being under the age of 16 years, and not the wife of the defendant; was sentenced by the court to serve a term, of seven years in the state penitentiary. From which sentence and judgment the defendant has appealed to this court.

The testimony of the state’s witness, in substance, is as follows:

Ella Lemons stated she lived near Fletcher, Okla.; she was 15 years of age on the 6th day of October, 1927—

“I went to…