CARR, J.
Defendant was tried in circuit court under an information charging statutory rape (CL 1948, § 750.520 [Stat Ann § 28.788]). The trial judge in submitting the case to the jury directed attention to the included offenses, and a verdict was returned that was construed by the court as "guilty of assault with intent to commit the crime of rape." Sentence was imposed for such offense and defendant, on leave granted, has appealed.
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