FOURT, J.
This is an appeal from the judgment and from the order granting probation in a case involving forcible rape.
In Count I of an information filed in Los Angeles County on August 14, 1958, the appellant was charged with a violation of section 261, subdivision 3, Penal Code in that he did on July 26, 1958, commit a forcible rape upon a named female, not his wife; in Count II he was charged with a violation of section 261, subdivision 1, Penal Code (statutory...
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