WALDEN, Judge.
Defendant was convicted of rape upon trial by jury and duly sentenced. He appeals. We reverse.
This appeal turns upon an understanding and application of a pre-trial agreement made between the state and the defendant wherein the state agreed not to prosecute upon certain conditions being met.
Shortly after indictment the written agreement was made which provided that if the defendant would take a polygraph test "* * * [T]hat the state...
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