DORAN, J.
Defendant was accused by information with rape and the violation of section 288 of the Penal Code. In count I the alleged victim was Glenda Wroten; in counts II and III, Margaret House. Following the testimony of Glenda Wroten count I was dismissed on motion of the district attorney. Defendant was adjudged guilty by the jury on counts II and III.
It is contended on appeal that "The court erred in failing to instruct the jury upon the defense raised...
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