Lewis v State

Lewis v State
1928 OK CR 255
269 P. 328
40 Okl.Cr. 365
Decided: 07/21/1928
Oklahoma Court of Criminal Appeals

Appeal from District Court, Harmon County; Frank Mathews, Judge.

Page 366

Roy Lewis was convicted of rape in the second degree, and appeals. Modified on petition for rehearing.

For former opinion, see 39 Okla. Cr. 119, 263 P. 473.

C.W. King, W.M. Williams, Ross Cox, and A.M. Stewart, for plaintiff in error.

Edwin Dabney, Atty. Gen., and J.H. Lawson, Asst. Atty. Gen., for the State.

EDWARDS, J. The judgment in this case was affirmed on February 4. In due time a petition for rehearing was filed which has been strongly presented. This petition for rehearing, among other grounds, insists that the verdict and judgment is excessive under all the circumstances, and that justice requires that the punishment assessed should be reduced. The Assistant Attorney General, representing the state, appeared before this court and agreed that the judgment should be reduced.