Davidson v. State

BESSÉY, J.

The plaintiff in error, herein referred to as the defendant, at the time of the offense charged was a man of the age of 70 years, residing with his wife and children in Cad-do county, about seven miles from Carnegie. The record shows that he had hitherto been a man of good character, who had in previous years been county clerk and county superintend-ent of schools in adjoining counties.

The defendant testified that he was affected with prostitis, and that he went into the park, as he supposed and intended, to a secluded spot, to relieve himself.

The evidence on the part of the state…