STATE v. NOLAN

No. 11157.

595 S.W.2d 54 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Roger R. NOLAN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

February 19, 1980.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Tyce S. Smith, Waynesville, for defendant-appellant.


PREWITT, Judge.

Defendant was convicted of rape and sentenced to two years imprisonment.

Defendant was a soldier stationed at Fort Leonard Wood, Missouri. He and the prosecutrix had arrived separately at a tavern near Waynesville, Missouri. They had not previously met. Defendant testified they became acquainted and she invited him to follow her home and voluntarily let him into her apartment. He states that they had sexual intercourse; but with her consent...

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