Judgment affirmed; motion to withdraw allowed.
Mr. JUSTICE JOHNSON delivered the opinion of the court:
On July 30, 1971, defendant was indicted for the offense of rape under complaint No. 71-2103. In a trial before the Honorable Kenneth R. Wendt and a jury, a mistrial was declared after it was determined that the jury was deadlocked and would continue to be unable to agree on a verdict.
A second jury trial commenced before the Honorable Russell R....
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