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Legal Opinion

Johnston v. State

Court of Criminal Appeals of Oklahoma

Decided May 11, 1984No. F-83-66PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BUSSEY, Presiding Judge:

Thomas Leroy Johnston was convicted of Assault with Intent to Rape, After Former Conviction of a Felony, and was sentenced to seven (7) years in prison. We reverse, concluding that the demurrer to the information should have been sustained.

The charging part of the information alleged that the appellant

wilfully and knowingly assaulted Carolyn R. Williams, a female not his wife, by chocking (sic), threatening her and ripping off her blouse with the intent to have sexual intercourse with her, ...

The State’s theory at trial was that the appellant assaulted the…

2Cases cited11 opinions

  1. Young v. the Territory of OklahomaSupreme Court of Oklahoma · 1899
  2. Fannin v. StateCourt of Criminal Appeals of Oklahoma · 1939
  3. Williams v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Cape v. StateCourt of Criminal Appeals of Oklahoma · 1937
  5. McKinnon v. StateCourt of Criminal Appeals of Oklahoma · 1956

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Plotner v. StateCourt of Criminal Appeals of Oklahoma · 1988
  2. Parker v. StateCourt of Criminal Appeals of Oklahoma · 1996
  3. Parker v. StateCourt of Criminal Appeals of Oklahoma · 1996
  4. Plotner v. StateCourt of Criminal Appeals of Oklahoma · 1988

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