STATE v. SMITH

No. 43104.

626 S.W.2d 256 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Clifford Van SMITH, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

November 24, 1981.


Attorney(s) appearing for the Case

Dewey S. Godfrey, Jr., St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


GUNN, Judge.

Defendant was convicted of two counts of rape, two counts of sodomy, one count of kidnapping and one count of assault. His appeal raises four points of alleged trial court error: (1) in failing to give MAI-CR 2d 2.10 and 2.12—the "acting with others" instructions; (2) in allowing the kidnapping and rape charges to be submitted separately as a violation of the proscription against double jeopardy; (3) in failing to declare a

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