This appeal follows the second trial of Lee Raymond Goebel on charges of committing rape and sodomy on a woman on February 8, 1949 (counts I and II), and of committing rape and sodomy on another woman on March 29, 1949 (counts III and IV). At the first trial, Goebel was convicted on all four counts. We reversed and remanded for a new trial. State v. Goebel, 36 Wash. 2d 367, 218 P.2d 300. At the new trial, Goebel was acquitted on the two rape counts, but convicted on the sodomy counts. Judgment was entered accordingly, and defendant appeals.