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STATE v. THOMAS

No. 34513.

52 Wn.2d 255 (1958)

324 P.2d 821

THE STATE OF WASHINGTON, Respondent, v. JAMES THOMAS, Appellant.

The Supreme Court of Washington, Department Two.

May 1, 1958.

Attorney(s) appearing for the Case

Hugh D. Farwell and Samuel W. Fancher, for appellant.

John J. Lally and William G. Luscher, for respondent.

ROSELLINI, J.

The defendant was charged in two counts with the crimes of rape and oral sodomy. The jury returned a verdict of guilty on both counts, and the defendant was sentenced to serve a maximum term of twenty years on the first count and ten years on the second, the sentences to run concurrently.

The appeal is brought on two assignments of error, both pertaining to the conviction of rape. The first error assigned

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