Harvey v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Cherokee county on a charge of rape in the first degree and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of fifteen years.

These two cases constitute but one appeal and are therefore consolidated. Counsel for defendant requested the court to impanel a jury to try the question of defendant’s sanity and mental capacity to proceed with the trial. Thereupon a jury was duly impaneled as provided by article 18, chapter 7, C. O. S. 1921. The jury returned a verdict…