STATE v. BOYINGTON

No. KCD 28236.

544 S.W.2d 300 (1976)

STATE of Missouri, Respondent, v. Waymon L. BOYINGTON, Appellant.

Missouri Court of Appeals, Kansas City District.

November 29, 1976.


Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., W. Mitchell Elliott, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.


WASSERSTROM, Judge.

The jury returned a verdict finding defendant guilty of rape but not guilty of sodomy, and fixed punishment at 11 years which the trial court reduced to 6 years. Defendant presents three points on appeal: (1) that the trial court erred in accepting a verdict which is inherently contradictory; (2) that the trial court failed to give a mandatory instruction; and (3) that the admission of samples of defendant's handwriting was error because the exhibits...

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