STATE v. SHUMATE

No. 56673.

478 S.W.2d 328 (1972)

STATE of Missouri, Respondent, v. Troy SHUMATE, Jr., Appellant.

Supreme Court of Missouri, Division No. 2.

April 10, 1972.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, E. Thomas Coleman, Jr., Asst. Atty. Gen., Kansas City, for respondent.

John J. Cosgrove, Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, Kansas City, of counsel.


HOUSER, Commissioner.

Troy Shumate, Jr., charged with rape, waived a jury and was tried before Honorable J. Donald Murphy, Judge of the Circuit Court of Jackson County. The court, hearing the evidence without the aid of a jury, found defendant guilty, sentenced him to 20 years' imprisonment, and he has appealed.

Prosecutrix, a white female aged 23 years, testified that she was forced to enter an automobile driven by appellant, a 23-year-old Negro male, in...

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