ADKINS, Justice.
In accordance with Rule 4.6, Florida Appellate Rules, 32 F.S.A., the Honorable Milton A. Friedman, one of the Judges of the Circuit Court for Dade County, Eleventh Judicial Circuit of Florida, has certified to this Court for instruction the questions of law set forth below. The pertinent portion of the Certificate reads as follows:
"STATEMENT OF FACTS
"The defendant Silva, has been charged by Indictment with the offense of rape pursuant...
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