OPINION
BUSSEY, Judge:
Appellant, Dewey T. Baldwin, hereinafter referred to as defendant, was charged in the District Court, Rogers County, Case No. CRF-77-22, with the offense of Rape in the First Degree in violation of 21 O.S. 1971, § 1114. He was found guilty of the offense of Assault With the Intent to Commit Rape, 21 O.S. 1971, § 681, and his punishment was set by the jury at five (5) years' imprisonment.
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