GRIFFIN, J.
Defendant was charged with the crime of rape (Pen. Code, § 261, subd. 3) in that on or about the 9th day of September, 1956, in the county of San Diego, he did then and there wilfully, unlawfully, feloniously, and with force and violence have and accomplish an act of sexual intercourse with and upon one Hazel Ethel Nazworth. The information also contained an allegation that said defendant had been previously convicted of a felony and had served a...
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