Court of Appeals of Washington December 5, 1983, 6031-1-II (State v. Bennett)

Reed, J.

The defendant Johnny Bennett appeals his conviction of two counts of statutory rape in the third degree.

At defendant's jury trial the element of the offense at issue under the statute, RCW 9A.44.09CK1),

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was whether the defendant had sexual intercourse with the two girls as charged in the information. The two alleged victims testified on this issue.