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STATE v. NEAL

No. WD 34142.

661 S.W.2d 844 (1983)

STATE of Missouri, Respondent, v. Adolph NEAL, Appellant.

Missouri Court of Appeals, Western District.

November 22, 1983.

Attorney(s) appearing for the Case

James W. Fletcher, Ann Hall, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before SOMERVILLE, P.J., and NUGENT and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

Neal was convicted of attempted forcible rape, Section 566.030.2 and sodomy, Section 566.060, RSMo.1980. Punishment was assessed in the form of concurrent 25 year sentences. Neal does not test the sufficiency of the evidence of sodomizing and then attempting to rape a 10-year old girl. The rape was thwarted by two eyewitnesses who shouted at Neal while he was atop the victim whose pants he had pulled down. With his pants down he beat a retreat and...

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