STATE v. BOONE

No. 35901.

519 S.W.2d 27 (1975)

STATE of Missouri, Plaintiff-Respondent, v. James Edward BOONE, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

January 28, 1975.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., John F. White, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

Charles D. Kitchin, Public Defender, John F. Bauer, James C. Jones, Asst. Public Defenders, St. Louis, for defendant-appellant.


WEIER, Judge.

Defendant was convicted of forcible rape by a jury and sentenced under the Habitual Criminal Act (§ 556.280, RSMo 1969, V.A.M.S.) to 10 years imprisonment. He was acquitted of Robbery First Degree as charged in Count II of the indictment.

The state's evidence tended to show that at about 6:00 p. m. on December 2, 1972, the prosecutrix was standing at the corner of Martin Luther King Drive and Taylor Avenue in St. Louis waiting for a taxi...

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