Maxey v. State

OPINION

BUSSEY, Judge :

Everett Lee Maxey, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Choctaw County, Case No. CRF-73-5, for the crime of Rape in the First Degree; his punishment was assessed at thirty (30) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

At trial, Mertie Brisbois testified that she was a divorcee with four children living in her home with her in Hugo, Oklahoma. She stated that Charlotte June Liles, the eldest child living with her, was retarded. She further testified that…