Leave to appeal granted, 395 Mich. 770.
PETERSON, J.
Defendant was charged by separate informations with the offenses of assault with intent to commit rape, MCLA 750.85; MSA 28.280, and first-degree murder by killing one Henry Turner while perpetrating or attempting to perpetrate rape, MCLA 750.316; MSA 28.548. The charges were consolidated for trial, resulting in defendant's conviction by jury of the crime of manslaughter, MCLA 750.321; MSA 28.553. He
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