STATE v. LONG

No. 46536.

684 S.W.2d 361 (1984)

STATE of Missouri, Respondent, v. Earl LONG, Appellant.

Missouri Court of Appeals, Eastern District, En Banc.

Case Transferred September 11, 1984.

Case Retransferred February 1, 1985.

Original Opinion Reinstated February 13, 1985.


Attorney(s) appearing for the Case

Henry B. Robertson, Asst. Public Defender, St. Louis, for appellant.

Kristie Lynne Green, Asst. Atty. Gen., Jefferson City, for respondent.


Case Transferred to Supreme Court September 11, 1984.

Case Retransferred to Court of Appeals February 1, 1985.

KAROHL, Judge.

Defendant was convicted of forcible rape, § 566.030, RSMo 1978. In accordance with the punishment assessed by the jury, he was sentenced to 48 years' imprisonment. He appeals. We reverse.

The victim was employed as a waitress in the 6th floor restaurant of the Stix, Baer & Fuller department store in downtown...

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