White v. State

OPINION

BRETT, Judge:

Appellant, John White, hereinafter referred to as defendant, was tried before a jury and convicted of the crime of Assault With Intent to Commit Rape, in violation of 21 O.S.1971, § 681, in the District Court, Comanche County. Punishment was set by the court at two and one-half (2½) years in the custody of the State Department of Corrections. From said judgment and sentence defendant has perfected a timely appeal to this Court.

The State’s first witness was Donna K. Guffy, victim of the assault, who testified that on September 9, 1976, at approximately 6:30 a. m., she heard…