concurring.
I concur in this opinion with the following observation.
It would not only have been improper for the trial judge to have directed the verdict of acquittal on the charge of first degree rape, but it was the duty of the trial judge to submit this question to the jury under this factual situation, State v. Chambers, 70 Wyo. 283, 249 P.2d 158, 162-163; and the duty to properly instruct the jury as to the general principles governing the case is a duty owed to the State as well as to the defendant, Lester v. State, Okl.Cr., 408 P.2d 563, 564; 1 Reid’s Branson, Instructions to Jurys, § 4, p. 8, et seq. (1960 Repl.).