STATE v. McFARLAND

No. WD31132.

604 S.W.2d 613 (1980)

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

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 28, 1980.

Application to Transfer Denied October 15, 1980.


Attorney(s) appearing for the Case

Clifford B. Mayberry, Kirksville, for defendant-appellant.

John Ashcroft, Atty. Gen., Neil MacFarlane, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before WASSERSTROM, C. J., Presiding, and PRITCHARD and KENNEDY, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied July 28, 1980.

WASSERSTROM, Chief Judge.

Defendant appeals from his conviction by a jury of rape by criminally knowing a female under 16 years of age and the consequent sentence of six years in prison.

From the evidence the jury could reasonably have found the following facts. The prosecutrix at the time of the events in question was 15 years old. On the evening of August 17, 1978, Gail Bell...

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