STATE v. MOORE

No. 48804.

353 S.W.2d 712 (1962)

STATE of Missouri, Respondent, v. James Nathaniel MOORE, Appellant.

Supreme Court of Missouri, Division No. 1.

February 12, 1962.


Attorney(s) appearing for the Case

Samuel Raban, St. Louis, for appellant.

Thomas F. Eagleton, Atty. Gen., Charles H. Sloan, Sp. Asst. Atty. Gen., for respondent.


HYDE, Judge.

Defendant was convicted of forcible rape (Sec. 559.260, statutory references are to RSMo and V.A.M.S.) under the Habitual Criminal Act (Sec. 556.280) and sentenced to 45 years' imprisonment. Defendant has appealed but filed no brief so we consider all assignments properly made in his motion for new trial. State v. Stehlin, Mo.Sup., 312 S.W.2d 838. Four grounds were assigned.

The defense was alibi but defendant...

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