The defendant was charged in an indictment with the crime of rape contrary to the provisions of Section 698.1, 1954 Code, I.C.A. He entered a plea of not guilty. Upon trial the defendant was found guilty of the crime of assault with intent to commit rape. Section 698.4, 1954 Code, I.C.A. Thereafter a motion for new trial and exceptions to instructions were filed and overruled and defendant was sentenced to a...
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