WINANS, Judge.
The defendant, charged with the crime of rape in the second degree, was upon jury trial convicted of attempted rape in the second degree. He was sentenced to five years in the state penitentiary and appeals from the judgment.
The victim was twelve years of age at the time of the alleged rape and the defendant was nineteen years of age.
The appellant presents and argues two assignments of error.
1. That the court erred in not...
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