UDALL, Justice.
Clyde S. Tannahill, hereinafter referred to as defendant, was tried and convicted on October 14, 1963, in the Superior Court of Pima County on two counts — incest with his twelve year old daughter and attempted incest with his ten year old daughter. He appealed and on May 19, 1965, the Court of Appeals, Division 2, rendered an opinion reported in
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