Simpson v. State

• Decision Date: 11 August 1939
• Docket Number: A-9524.
• Parties: SIMPSON v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

93 P.2d 541

67 Okla.Crim. 152

SIMPSON v. STATE.

No. A-9524.

Court of Criminal Appeals of Oklahoma

August 11, 1939

Syllabus by the Court.

1. On appeal by transcript only the record proper is brought before the appellate court, record proper being defined by statute. Sec. 3146, O.S.1931, 22 Okl.St.Ann. § 977.

2. Where an information alleges all the essential elements of the crime, charged in plain, concise, and intelligible language sufficient to apprise the accused of what he must be prepared to meet, it is good as against a demurrer.

3. An information is sufficient which informs an accused of the offense with which he is charged with such particularity as to enable him to prepare for his trial, and so defines and identifies the offense that, if convicted or acquitted, he will be able to defend himself against any subsequent prosecution for the same offense.

4. The information in this case sufficiently advised the defendant of the crime charged against him, the name of the injured party, and the date of the alleged offense, which is sufficient to charge the offense of rape in the first degree.

5. The pleading in the information of a former conviction of the defendant on the charge of a felony does not amount to charging two offenses in the information.

Appeal from District Court, Oklahoma County; G. H. Giddings, Jr. Judge.

Rubin J. Simpson was convicted of rape in the first degree, and he appeals.

Judgment affirmed.

Roy L Sullivan, of Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Jess Pullen, Asst. Atty. Gen., for the State.

DAVENPORT Judge.

The plaintiff in error, hereinafter referred to as the defendant, was by information charged with rape in the first degree, was tried, convicted, and sentenced to the State Penitentiary for ninety-nine years, and to pay the cost of the prosecution taxed at $134.97; and has appealed.

This is an appeal by transcript, which consists of the information and a copy of the minutes of the pleading or demurrer; second, a copy of the minutes of the trial; third, the charges given or refused and the indorsements, if any thereon; and fourth, a copy of the judgment.

The defendant in his petition in error assigns seven errors alleged to have been committed by the trial court. The errors assigned by the defendant will all be considered together as they relate to the action of the court in overruling the defendant's demurrer to the information.

It is argued by the defendant that the information is insufficient to charge an offense under the laws of our state.

The information charges the defendant with rape in the first degree, and alleges that he had formerly been convicted of a felony. This allegation in the information was evidently alleged to bring the charge against the defendant under the provisions of our statutes known as the Habitual Criminal Statutes, Sec. 1817, O.S. 1931, 21 Okl.St.Ann. § 51, in order should the defendant be convicted a greater penalty might be imposed upon him than would have been if he had not been previously convicted.

The defendant was found guilty as shown by the judgment of the court, and sentenced to serve a term of ninety-nine years in the State Penitentiary and to pay the costs of $134.97.

The only question as shown by the transcript in this case that can be considered by this court is the question, is the information sufficient to correctly advise the defendant of the charge against him?

In Scott v. State, 40 Okl.Cr. 296, 268 P. 312, in the first paragraph of the...