Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
The complainant and appellant had known each other since childhood. Sometime before noon on November 23, 1972 appellant went to complainant's apartment in order to wake him up. He had brought two bottles of wine with him, which they consumed immediately. Thereafter they went to a nearby bar to drink, and continued drinking wine throughout the day. That night they met a...
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