BRENNEMAN, J.
Defendant was indicted for a violation of R. C. 2923.02 (attempt to commit rape), Count 1, allegedly committed on July 26, 1974, and for a violation of R. C. 2907.02(A) (1) (Rape), Count 2, allegedly committed on July 28, 1974. Both offenses were committed upon the victim (Cornwell) and are herein designated as case 7759.
A further indictment was returned by the grand jury
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