The indictment upon which defendant was tried charged the aforesaid crimes in its second and third counts, respectively. The proof of defendant's criminality presents it as his conduct with the prosecutrix at a particular place in the early evening of November 8, 1948, on which day the indictment charged that both crimes were committed. The proof of the offense charged in the third count upon which he was sentenced to prison by the trial court, included, precisely, that charged...
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