Sizemore v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Cimarron county of rape in the second degree and was sentenced to serve a term of one year in the state penitentiary.

The offense was charged to have been committed with one Grace McKinney, a female of the age of 17 years. The prosecutrix testified to four separate acts of sexual intercourse occurring during a period of about 30 days prior to October 6, 1928. On motion, the state elected to rely on the first act disclosed by tbe testimony to have occurred about September 1, south of Boise City. Tbe…