McKinnon v. State

BRETT, Judge.

Plaintiff in error, Taylor R. McKinnon, defendant below, was charged by information in the District Court of Jefferson County, Oklahoma, with the crime of attempted rape, 21 O.S.1951 § 42, allegedly committed on or about July 5, 1955, in said county and state. He was tried by a jury, convicted of the included crime of assault with intent to commit rape, 21 O.S.1951 § 681, and the jury, being unable to agree on the penalty, left the same to the trial court which fixed the punishment at five years in the state penitentiary and a fine of $500. Judgment and, sentence were entered…