TAMM, Circuit Judge:
On the 21st day of August, 1966, a young lady was carnally known and abused by an intruder in the apartment where she was staying. On the 23rd day of October, 1967, one Phillip Duckett answered to a jury for those crimes. On the 15th day of December, 1967, Duckett was adjudged guilty and committed to a term of imprisonment by the district court. On the 8th day of January, 1968, an appeal was noted. Today we decide this case.
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