HIGGINS, Commissioner.
Appellant, charged by information with burglary in first degree in that he did "unlawfully and feloniously (and) burglariously break and enter the dwelling house of Lyman H. Kimes * * * in which dwelling there was at the time a human being, * * * by forcibly breaking or bursting the outer door of the said dwelling house with the felonious * * * intent to rape one said Madelon Kimes * * *," was convicted of that offense by a jury which assessed...
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