SWOFFORD, Judge.
Appellant, herein designated as defendant, was convicted by a jury of statutory rape of one J___ S___, aged 13 years. The jury was unable to agree upon a sentence and the trial court sentenced him to forty (40) years in the custody of the Missouri Department of Corrections. This is a direct and timely appeal from such judgment and sentence.
The defendant makes two points of error in his brief.
First, that the court erred in...
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