McWILLIAMS, Chief Justice.
In a four count information one Oscar Armstead, Jr., hereinafter referred to as the defendant, was charged with kidnapping, assault to rape, forcible rape and assault with a deadly weapon, namely, a knife. In each of these four counts the victim was designated as one Clara C. Sainz, who hereinafter will be referred to as the prosecutrix.
Upon trial, at the conclusion of all the evidence, the trial court on motion dismissed the count...
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