The indictment was on two counts, charging defendant with the felony of attempted rape in the first degree, and of sodomy as a misdemeanor. The evidence at the trial is wholly inadequate to establish beyond a reasonable doubt the defendant's guilt of attempted rape in the first degree. In our opinion the record supports the conviction for sodomy as a misdemeanor, and the corroboration of the complainant's testimony in that respect is legally adequate.
Judgment of...
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