MOTE, J.
The Appellant, Robert Barclay Mathews, was charged with the crimes of kidnapping and rape by an indictment in two counts returned by the Marion County Grand Jury. The issues were closed upon a plea of not guilty. The trial was had, without the intervention of a jury, resulting in a finding of not guilty as to Count One (kidnapping) and a finding of guilty as to Count Two (rape). Appellant was
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