O'CONNELL, Justice.
Jerry Manning and Robert Shepard were indicted on February 21, 1956, in two counts with the crime of rape and in the alternative with aiding and abetting the rape of Carol Ann Donnelly. Upon trial, the jury returned a verdict against Manning of guilty of assault with intent to commit rape. A verdict was also returned finding the accused, Robert Shepard, not guilty. Manning received a twenty-year sentence and thereupon entered this appeal.
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