STATE v. FOSTER

No. 43393.

631 S.W.2d 672 (1982)

STATE of Missouri, Plaintiff-Respondent, v. James FOSTER, Jr. a/k/a Ted Foster, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

March 16, 1982.


Attorney(s) appearing for the Case

Ronald J. Kaden, Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Brian P. Seltzer, Asst. Attys. Gen., Jefferson City, Diane M. Garber, Pros. Atty., Fulton, for plaintiff-respondent.


STEWART, Presiding Judge.

Defendant appeals from a conviction for rape in violation of § 566.030 RSMo 1978. Judgment was entered pursuant to a jury verdict of guilty. The defendant was sentenced to five years imprisonment.

For reversal, appellant contends: 1) the trial court erred in failing to grant his motion for judgment of acquittal; 2) that Instruction No. 5 was improper because it purported to cover the whole case and made no reference to the instruction...

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