SHANNON, J.
This is an appeal from the Court of Common Pleas of Hamilton County.
On December 5, 1969, defendant, the appellant herein, was indicted for a violation of R. C. 2901.24 (assault with intent to rape). He was arraigned on December 9, 1969, and after having obtained continuances went to trial on September 24, 1970. He waived a trial by jury and the prosecution adduced evidence to maintain the issues raised by the indictment, resting its case in chief...
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