LOWDERMILK, Judge.
Carl E. Hightower (Defendant) was charged in Cause No. 8716 with the offense of rape, and Count 2, assault and battery with intent to gratify sexual desires. The victim in Count 1 was 11 years of age and in Count 2 she was 15 years of age. Defendant was also charged in Cause No. 8717 with the crime of rape upon a female child age 15 years. The causes were consolidated for trial by agreement and tried to a jury. Defendant was acquitted as to Counts...
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