OLIVER, Acting Judge.
This is an appeal from a jury verdict and a judgment of conviction, which found defendant-appellant guilty of the crime of incest. The issue presented herein is whether incest is a lesser included offense of rape. We hold that the trial court's instruction to the jury, that incest is a lesser included offense of the crime charged, was error. We set the judgment of conviction aside, on the basis that the defendant was convicted of a crime with...
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