HOLTZOFF, District Judge.
This case is before the Court at this time on the defendant's motion for judgment notwithstanding the verdict as to one of the three counts of the indictment.
The defendant was indicted on charges of murder and rape. The first count of the indictment charged murder while perpetrating and attempting to perpetrate the crime of rape, which constitutes murder in the first degree. The second count also charged murder in the first degree...
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