OPINION
CORNISH, Judge:
Appellant, John Stanton Gamble, hereinafter referred to as defendant, was charged in the District Court, Cleveland County, Case No. CRF-76-413, with the offense of Rape in the First Degree. The case was tried to a jury and a guilty verdict was returned. Punishment was assessed at five (5) years' imprisonment. From judgment and sentence defendant has perfected a timely appeal to this Court...
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