EMMERT, J.
This is an appeal from a judgment sentencing appellant to the Indiana State Prison for life, after a jury had found him guilty of rape of a female child under the age of twelve years. The error assigned is the overruling of his motion for a new trial.
The court in its preliminary instructions to the jury under Rule 1-7A read the affidavit. Preliminary Instruction No. 1 in part stated:
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