Futerll v. State

BUSSEY, Presiding Judge:

James Madison Futerll, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Oklahoma County, Oklahoma for the offense of First Degree Rape, After Former Conviction of a Felony. His punishment was fixed at thirty-five (35) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, May Roy testified that on April 23, 1971, she visited her daughter at the University Hospital in Oklahoma City. Upon leaving the hospital at approximately 2:00 o’clock p. m., with her…