RUDKIN, Circuit Judge.
Upon the original submission of this case, an opinion was prepared by Judge DIETRICH, but after his death the case was restored to the calendar for reargument. Upon such reargument and upon full consideration, the opinion of Judge DIETRICH, which follows, is adopted as the opinion of the court:
"Appellant was convicted upon an indictment containing two counts, each charging him with assault with intent to commit rape upon a female child...
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