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STATE v. HOLLAND

No. 36221.

534 S.W.2d 258 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Gary HOLLAND, Defendant-Appellant.

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

Motion for Rehearing or Transfer Denied August 7, 1975.

Application to Transfer Denied September 8, 1975.

Attorney(s) appearing for the Case

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

John C. Danforth, Atty. Gen., Preston Dean and Philip M. Koppe, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Julius D. Cosentino, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

SIMEONE, Presiding Judge.

Defendant-appellant, Gary Holland, was charged, tried and found guilty by a jury of forcible rape, and his punishment was fixed at four years. § 559.260 RSMo 1969, V.A. M.S. In accordance with the jury verdict, the court, after overruling a motion for new trial and granting allocution, sentenced him to the department of corrections. He appeals. For reasons hereinafter stated, we affirm the judgment. This was the second trial of the cause...

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