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STATE v. BILLINGSLEY

No. 55576.

465 S.W.2d 569 (1971)

STATE of Missouri, Respondent, v. Wayne Earl BILLINGSLEY, Appellant.

Supreme Court of Missouri, Division No. 1.

April 12, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., J. Michael Jarrard, Asst. Atty. Gen., Jefferson City, for respondent.

George T. Sweitzer, Jr., Harrisonville, for appellant.

SEILER, Presiding Judge.

Defendant appeals from a conviction by a jury of assault with intent to commit rape, with a sentence of five years imposed by the court, the second offender act having been invoked. The charge on which defendant was tried, to quote from the first amended information, was that he "did then and there wilfully, unlawfully and feloniously attempt to make an assault upon one Lou Colvin, a female person...

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