CALOGERO, Justice.
The defendant, Bennie C. Morris, was charged by grand jury indictment with violation of La.R.S. 14:42, aggravated rape. The defendant was tried and found guilty by a twelve man jury of attempted aggravated rape. Defendant filed a Motion for a New Trial which was denied on August 17, 1973. The defendant was sentenced to be confined at hard labor for a period of seven and one-half years in the custody of the Louisiana Department of Corrections.
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