Gilmore v. State

OPINION

LANE, Judge:

Ronnie Gilmore, Sr., appellant, was tried by jury and convicted for the crime of Rape in the First Degree (21 O.S.Supp.1983, § 1114(A)) in Bryan County District Court, Case No. CRF-88-53. The trial court sentenced appellant to seventy-five (75) years in the custody of the Department of Corrections in accord with the jury recommendation.

Appellant raises two propositions of error: (1) that the trial court erred by instructing the jury that rape accomplished by threat of force or violence to a third party is rape in the first degree; and (2) insufficiency of the evidence. We…