Smith v. State

OPINION

BLISS, Presiding Judge:

The appellant, George Wright Smith, Jr., hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Oklahoma County, for the crime of Rape in the First Degree. Punishment was assessed at fifty (50) years imprisonment in the state penitentiary, and from said judgment and sentence, a timely appeal has been perfected to this Court.

The State first called Linda Kay Herr who testified that she was eighteen years of age on the 9th day of August, 1972, and that in the early afternoon on said date, he, her brother and sister, and a Mr.…