MUSSELL, J.
Defendant was charged in count one of an information with the crime of rape by force and violence (Pen. Code, § 261, subd. 3) alleged to have been committed on or about March 21, 1954, upon one Patty Guerra, a 10-year-old girl. In the second count he was charged with the crime of committing lewd and lascivious acts upon the body of said child (Pen. Code, § 288), and in count three defendant was charged with the crime of assault by means of force...
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