J.W. FITZGERALD, P.J.
The defendant, Dale Arntson, appeals his conviction by a jury of the crime of assault with intent to commit rape, CLS 1961, § 750.85 (Stat Ann 1962 Rev § 28.280). He was acquitted of the crime of rape, charged in the same information, CLS 1961, § 750.520 (Stat Ann 1954 Rev § 28.788), and now comes to this Court in
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