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STATE v. BROWN

No. 55512.

460 S.W.2d 551 (1970)

STATE of Missouri, Respondent, v. James Byron BROWN, Appellant.

Supreme Court of Missouri, Division No. 2.

December 14, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.

The Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant.

BARRETT, Commissioner.

A jury found James Byron Brown guilty of sodomy, he had a prior felony conviction of rape and the court therefore fixed his punishment at thirty-five years' imprisonment. RSMo 1969, § 563.230, V.A.M.S. The fact of a submissible case is not questioned and so it is sufficient for the purposes of this opinion to say that after an entry into an apartment by a ruse the defendant at gunpoint subjected Sallye, a TWA hostess, to at least two acts...

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