Kelly v. State

MORROW, Presiding Judge.

The offense is rape; penalty assessed at death.

The subject of the rape is Evelyn Dudley, alleged to have been a female under the age of fifteen years and not the wife of the appellant.

Appellant entered a plea of guilty which was duly received by the court. He gave testimony tending to show that he was under the influence of intoxicants at the time the offense was committed. According to his testimony, he drank twelve or fourteen bottles of home-brew and two bottles of “canned heat.” Appellant had been a convict in Oklahoma and had been married three times. The evidence…