WOOD (Parker), J.
Defendant was charged with the crime of rape committed with force and violence. Trial by jury was waived. He was adjudged guilty of "Assault with Intent to Commit Rape, a felony, a lesser offense than that charged in the information but necessarily included therein." He was sentenced to imprisonment in the state prison. He appeals from the order denying his motion for a new trial.
Defendant contends that the court erred in finding him guilty...
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