MASON, Justice.
Clarence Duane Smith, twenty-two, was charged by indictment with forcibly raping Mary Margaret Smith contrary to section 698.1, The Code, 1966. Following defendant's plea of not guilty, he was tried to a Polk county jury which convicted him of the crime of assault with intent to commit rape. Motions for judgment notwithstanding the verdict and in the alternative, for a new trial, were overruled and Smith was sentenced to the state penitentiary.
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