STATE v. BARNES

No. 36732.

537 S.W.2d 576 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Eugene Joseph BARNES, Jr., Defendant-Appellant.

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

Motion for Rehearing or Transfer Denied May 17, 1976.

Application to Transfer Denied July 12, 1976.


Attorney(s) appearing for the Case

James C. Jones, Asst. Public Defender, Kent W. Fanning, Asst. Public Defender, St. Louis, for defendant-appellant.

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


McMILLIAN, Judge.

This is an appeal by defendant Eugene Barnes from a conviction of attempted rape, a felony. Sections 559.260 and 556.150, RSMo 1969. We affirm.

M___ M___, the victim, testified that on December 4, 1973, at about 10:30 P.M., she hailed a cab at the corner of Page and Kingshighway Boulevards in the City of St. Louis; but when she told the cabdriver where she was going he refused to take her. She turned around and a man was behind her. He began...

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