six months, or by both such fine and imprisonment. (2210 R. L. 1910)

1659. Filing Deeds to Indian Land-Any person, firm or corporation, who shall file for record or cause to be recorded any deed or other instrument in writing in the office of any register of deeds of any county in this State, purporting to convey any title to any real estate, allotted to any member of any one of the Five Civilized Tribes or Osage Tribe, as a homestead, prior to the removal of the restrictions by operation of law, or otherwise, knowing the land conveyed to be restricted homestead lands, shall be deemed guilty of a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary at hard labor for not less than one year. (S. L. 1913, 124)

1660. Rape Defined-Rape is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under either of the following circumstances:

First: Where the female is under the age of sixteen years.

Second: Where the female is over the age of sixteen years and under the age of eighteen, and of previous chaste and virtuous character.

Third: Where she is incapable through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent.

Fourth: Where she resists, but her resistance is overcome by force or violence.

Fifth: Where she is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution.

Sixth: Where she is prevented from resisting by any intoxicating narcotic, or anesthetic agent, administered by or with the privity of the accused.

Seventh: Where she is at the time unconscious of the nature of the act and this is known to the accused.

Eighth: Where she submits under the belief that the person committing the act is her husband, and this belief is induced by artifice, pretense or concealment practiced by the accused, or by the accused in collusion with her husband with intent to induce such belief. And in all cases of collusion between the accused and the husband of the female, to accomplish such act, both the husband and the accused shal! be deemed guilty of rape. (2414 R. L. 1910)

Preliminary complaint held sufficient. Sayers et al. v. State, 10 Okla. Cr. 233, 135 P. 1073.

Information held sufficient, Williams v. State, 12 Okla. Cr. 171, 152 P. 1135; Pittman v. State, 8 Okla. Cr. 58. 126 P. 696; Hast v. Terr., 5 Okla. Cr. 162, 114 P. 261.

No act of consent by a female under age can mitigate either the act of rape or an assault with intent to rape. Bouie v. State, 9 Okla. Cr. 345, 131 P. 953.

In charging rape upon a girl under fourteen years of age, it is not necessary to allege that the act was felonious. Asher v. Terr., 7 Okla. 188.

Indictment should allege that female was not the wife of defendant, and that female was of previous chaste character. Young v. Terr., 8 Okla. 525; Parker v. Terr., 9 Okla. 109.

If by force and violence, indictment must charge the intent to have intercourse by force and violence sufficient to overcome resistance. Young v. Terr., 8 Okla. 525.

That female was not the wife of defendant must be alleged and proved; but the proof thereof may be by circumstantial evidence. Emytubby v. State, 14 Okla, Cr. 213, 169 P. 1124.

Where charge is by force and violence evidence is admissible to show the use of narcotics. Gracy v. State, 13 Okla. Cr. 643, 166 P. 442.

Information for an attempt. State v. Bell, 13 Okla. Cr. 665, 166 P. 451; Williams v. State, 10 Okla. Cr. 337, 136 P. 599.

To charge an attempt, some act and the failure of the attempt must be alleged. Bond v. State, 12 Okla. Cr. 160, 152 P. 809.

An indictment for an attempt to rape must allege that the attempt was made with intent to rape. Herrick v. Terr., 2 Okla, Cr. 74, 99

P. 1096.

An information for statutory rape includes an assault with intent. Pittman v. State, 8 Okla. Cr. 58, 126 P. 696.

The age of the female is always a question for the jury, and they may consider her apparent age from the witness stand. Hunter v. State, 6 Okla. Cr. 446, 119 P. 445.

Bible entries not admissible where witness testifies from personal knowledge as to age of female. Swartz v. State, 6 Okla. Cr. 590, 120 P. 1029.

Evidence of witness who enters girl's age on school register on the statement of her sister is not admissible. Diffey v. State, 10 Okla. Cr. 190, 135 P. 942.

Admissible to show that prosecutrix made complaint a few hours after the act. Harmon v. Terr., 5 Okla. 368; Harmon v. Terr., 9 Okla. 313; Bouie v. State, 9 Okla. Cr. 345, 131 P. 953.

Corroboration is admissible, even though it show an assault upon another person at the same time. Harmon v. Terr., 15 Okla. 147.

A father may defend his daughter against rape, regardless of reputation. Litchfield v. State, 8 Okla. Cr. 164, 126 P. 707.

If more than one act be shown the state must elect upon which it stands. Montour v. State, 11 Okla. Cr. 376; Petty v. State, 11 Okla. Cr. 646.

Evidence of state is not confined to date charged, but may prove the

act to be at any time within the statute of limitations. Taylor v. State, 14 Okla. Cr. 400, 171 P. 739.

Acts prior and subsequent to the time charged are admissible (overruling Cecil v. Terr., 16 Okla. 197); Taylor v. State, 14 Okla. Cr. 400, 171 P. 739; Penn v. State, 13 Okla. Cr. 367, 164 P. 992; Flowers v. State, 10 Okla. Cr. 494, 138 P. 1041; Morris v. State, 9 Okla. Cr. 241, 131 P. 731.

Conviction may be had on the uncorroborated testimony of female. Corroboration goes only to the credibility of prosecutrix (overruling Sowers v. Terr., 8 Okla. 436); Brenton v. Terr., 15 Okla. 6; Reeves v. Terr., 2 Okla. Cr. 352, 101 P. 1039.

But when the testimony of the prosecutrix is inherently improbable, there must be corroboration. Morris v. State, 9 Okla. Cr. 241, 131 P. 731; Allen v. State, 10 Okla. Cr. 55, 134 P. 91.

Admissible to show offers by defendant to compromise. Terr., 16 Okla. 197.

Cecil v.

State may show relations of witness to defendant for the purpose of affecting his credibility. Castleberry v. State, 10 Okla. Cr. 504, 139

P. 132.

Instructions should define the offense to the jury. Brock v. State, 6 Okla. Cr. 23.

See circumstances where it was error for the court to refuse to have prosecutrix examined. Walker v. State, 12 Okla. Cr. 179, 153 P. 209.

Where prosecutrix has already been examined at the expense of the county, not error to refuse to order another examination at the expense of the county at the request of defendant. Harkins v. State, 14 Okla. Cr. 440, 172 P. 469.

Where prosecutrix is under the age of 16 years, evidence of specific acts of unchastity with parties other than defendant, is not admissible unless a part of the res gestae. Allen v. State, 10 Okla. Cr. 55, 134 P. 91.

An assault with intent to rape may be committed on a female under the age of consent without the elements of force and violence sufficient to overcome any resistance she might make (overruling the doctrine on this question in Rector v. Terr... 9 Okla. 530, and Young v. Tert., 8 Okla. 525); Lee v. State, 7 Okla. Cr. 141, 122 P. 1111.

When female is over the age of 16 and under the age of 18 years, the state must prove: First, that the act of intercourse was accomplished either with or without the consent of the female: that the female was over the age of 16 and under the age of 18 years at the time; that the female was of previous chaste and virtuous character. Marshall v. Terr., 2 Okla. Cr. 137, 101 P. 139.

Defendant cannot attack the character of a female between the ages of 16 and 18 by proof of general reputation, but may do so by proof of specific acts. Hast v. Terr., 5 Okla. Cr. 162, 114 P. 261.

On cross examination the defendant is not entitled as a matter of right to question prosecutrix as to whether any one except himself had sexual intercourse with her. Walker v. State, 8 Okla. Cr. 125, 126 P. 829.

A "chaste" female is one who has never had sexual intercourse— who yet retains her virginity. A "virtuous" female is one who has not committed an act of sexual intercourse unlawfully-out of wedlock, and

voluntarily. The "character" of the female is that condition actually existing, contradistinguished from a character by reputation. Marshall v. Terr., 2 Okla. Cr. 137, 101 P. 139; see Sayers v. State, 10 Okla. Cr. 234, 135 P. 1073.

There is no presumption in favor of the state of the virtue or chastity of the female. Such must be shown beyond a reasonable doubt. Marshall v. Terr., 2 Okla. Cr. 137, 101 P. 139.

Instructions should be given on the question of virtue and chastity of the female.

Id.

A seventeen-year-old girl is presumed to be of previous chaste character, and the burden is on the state to prove same only after defendant has introduced evidence to the contrary. Diffey v. State, 10 Okla, Cr. 190, 135 P. 942.

If female is over the age of 18 years, the act must be by force, unless consent is the result of fear. Sowers v. Terr., 6 Okla. 436.

If female is under the age of 16 and over 14 years, the act is rape in second degree regardless of force or consent. Myers v. State, 8 Okla. Cr. 389, 119 P. 136; Wines v. State, 7 Okla. Cr. 450; Morris v. State, 9 Okla. Cr. 241, 131 P. 731.

1661. Who May Not be Convicted-No conviction for rape can be had against one who was under the age of fourteen years at the time of the act alleged unless his physical ability to accomplish penetration is proved as an independent fact and beyond a reasonable doubt. Nor can any person be convicted of rape on account of an act of sexual intercourse with female over the age of fourteen years, with her consent, unless such person was over the age of eighteen years at the time of such act. (2415 R. L. 1910)

The last clause in this section creates a defense where the act is committed with a female over the age of 14 years with her consent. It is not necessary to negative such defense in an information. Penn v. State, 13 Okla. Cr. 367, 164 P. 992.

Admissible to show defendant's flight. Pittman v. State, 8 Okla. Cr. 58, 126 P. 696.

1662. What Sufficient to Constitute Crime-The essential guilt of rape, except with the consent of a female over fourteen years of age, consists in the outrage to the person and feeling of the female. Any sexual penetration, however slight, is sufficient to complete the crime. (2416 R. L. 1910)

1663. Rape in First Degree-Rape committed by a male over eighteen years of age upon a female under the age of fourteen years, or incapable through lunacy or unsoundness of mind of giving legal consent; or accomplished with any female by means of force overcoming her resistance, or by means of threats of immediate and great bodily harm, accompanied by apparent power of execution, preventing such re