SMITH, J.
The sole issue in this case is whether the 23-year-old prosecuting witness was so mentally deficient that she could not give effective consent to an act of intercourse. The jury found the defendant guilty of rape. He appeals from a denial of his motion for new trial and the resultant sentence to the penitentiary for a term of 3 to 5 years.
Ill Rev Stats 1963, c 38, ¶ 11-1, so far as here pertinent, reads:
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