SMITH, Justice:
James Ernest Duggan was indicted in the Circuit Court of Lowndes County upon a charge of assault with intent to ravish as defined in Mississippi Code 1942 Annotated section 2361 (Supp. 1971). Following his plea of not guilty, he was tried and convicted of that offense, and has appealed. The single question presented is whether appellant was denied his right to have the jury fix his punishment as provided by that section, which reads:
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