STATE v. FITZPATRICK

No. 65564.

676 S.W.2d 831 (1984)

STATE of Missouri, Plaintiff-Respondent, v. David FITZPATRICK, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 9, 1984.


Attorney(s) appearing for the Case

Henry Robertson, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Frank Rubin, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


GUNN, Judge.

Defendant-appellant appeals his conviction for forcible rape, a violation of § 566.030, RSMo Cum.Supp.1983.

The primary issue on appeal concerns double jeopardy. Defendant was convicted in the case involved in this appeal after his first trial on the same charge ended in a mistrial. The mistrial was granted on defense counsel's motion, but there is some dispute as to whether defendant agreed with his counsel's action.

Prior to the...

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