OPINION OF THE COURT
FLAHERTY, Justice.
On March 2, 1977, appellant and co-defendant Reginald Sanford were tried before a jury which acquitted appellant of burglary, criminal conspiracy and robbery. The jury was unable to reach a verdict for appellant on the charges of rape (two counts) and involuntary deviate sexual intercourse (two counts). Accordingly, on April 5, 1977, a second trial took place, the subject of this appeal, in which appellant was retried...
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