STATE v. FRANKLIN

No. 54527.

448 S.W.2d 583 (1970)

STATE of Missouri, Respondent, v. Robert L. FRANKLIN, Appellant.

Supreme Court of Missouri, Division No. 1.

January 12, 1970.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Peter H. Ruger, Asst. Atty. Gen., Jefferson City, for respondent.

Jerry D. Perryman, St. Louis, for appellant.


WELBORN, Commissioner.

A jury in the St. Louis Circuit Court found Robert L. Franklin guilty of statutory rape. § 559.260, RSMo 1959, V.A.M. S. The court, acting under the Second Offender Act, fixed the punishment at five years' imprisonment. This appeal followed.

On October 24, 1968, the fourteen-year-old victim of the offense was returning to her residence in St. Louis at around 10:00 A.M. She met the defendant, whom she had known previously. Defendant...

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