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STATE v. CALDWELL

No. 43570.

632 S.W.2d 501 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Robert E. CALDWELL, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied April 16, 1982.

Attorney(s) appearing for the Case

Fredman, Fredman & Kopf, Richard A. Fredman, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Steven H. Akre, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.

KELLY, Chief Judge.

Robert E. Caldwell, appellant, appeals his conviction in the Circuit Court of the City of St. Louis following a jury trial on the charge of Rape, § 566.030 RSMo.1978,1 and sentence of thirteen years in the custody of the Missouri Department of Corrections.2 We affirm.

On appeal, appellant contends that the trial court erred (1) in denying his motion for judgment of acquittal...

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