Hurd v. State

BUSSEY, Presiding Judge:

Appellant, Dewey Lavoy Hurd, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Oklahoma County, Oklahoma for the offense of Rape in the first-degree, 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, Theresa Swinney, a forty (40) year old divorcee, testified that at approximately 9:30 p. m. on August 17, 1971, she stopped at a service station, located at 25th and South…