STATE v. BIRKNER

No. 41366.

229 S.W.2d 674 (1950)

STATE v. BIRKNER.

Supreme Court of Missouri, en Banc.

May 8, 1950.


Attorney(s) appearing for the Case

J. E. Taylor, Attorney General, David Donnelly, Assistant Attorney General, for respondent.


TIPTON, Judge.

The appellant appeals from a conviction of rape under the carnal knowledge section of the statute, Section 4393, R.S.Mo., 1939, Mo.R.S.A., Section 4393. The jury fixed his punishment at seventy five years in the penitentiary.

The appellant has not filed a bill of exceptions and, therefore, only the record proper is before us for review. State v. Nichols, Mo.Sup., 165 S.W.2d 674.

The information charges that on November 13, 1948, the...

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