OPINION
OMAN, Justice.
On about October 5, 1957, defendant kidnapped, had carnal knowledge of, and murdered a five year old child. He was first convicted of kidnapping, of having carnal knowledge of a child under the age of 10 years, and of first degree murder. On appeal to this Court, his convictions were reversed and the cause remanded for a new trial. State v. Padilla,
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