McINTURFF, J.
The appellants Ervin Leonard Newson and Elmer James Newson were charged with the crime of rape. After waiving a jury the case was tried to the court and a judgment of guilty was entered on January 26, 1971. Defendants appeal. Pending the appeal, Elmer James Newson died; therefore Ervin Leonard Newson is the sole appellant.
The appellant Ervin Leonard Newson was charged by information as follows:
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