VAN OSDOL, Commissioner.
Defendant, Herschel Burks, was convicted of rape by carnal and unlawful knowledge under Section 559.260 RSMo 1949, V.A.M.S. The jury assessed his punishment at four years imprisonment in the state penitentiary. Herein upon appeal from the ensuing judgment appellant has filed no brief, and we shall first examine the assignments of error set forth in the motion for a new trial in order to determine the disposition of the case upon this review...
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