OPINION OF THE COURT BY WIRTZ, J.
John Franklin Gager, Douglas Benjamin Histo, Leroy Samuel Oliveira and Andrew Fuchs were jointly indicted on October 8, 1959, for raping Charlene Berg on September 13, 1959. They were jointly tried by a jury which found appellants Gager and Histo guilty of attempted rape while acquitting the other defendants. From the judgment and sentence imposed on July 15, 1960, appellants have brought this appeal.
On the evening of September...
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