STATE v. MITCHELL

No. 9523.

500 S.W.2d 320 (1973)

STATE of Missouri, Respondent, v. William Leslie MITCHELL, Appellant.

Missouri Court of Appeals, Springfield District.

September 25, 1973.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, David Robards, Asst. Attys. Gen., Jefferson City, for respondent.

Donald G. Cheever, Marshfield, for appellant.


TITUS, Chief Judge.

A jury found defendant guilty of forcible rape (§ 559.260 RSMo 1969, V.A.M.S.) but could not agree upon the punishment. Subsequent to post-trial proceedings, the court assessed a sentence of 12 years. Rule 27.03, V.A.M.R. Defendant appeals.

The 20-year old prosecuting witness (we shall call her "X") was sleeping on a living room sofa in her parents' Bolivar home at 7 o'clock on a Sunday morning in September 1971. Two small children...

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