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STATE v. THOMAS

No. 13611.

670 S.W.2d 138 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Mark THOMAS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and Transfer Denied May 2, 1984.

Application to Transfer Denied June 19, 1984.

Attorney(s) appearing for the Case

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

Wesley D. Coleman, Asst. Public Defender, Caruthersville, for defendant-appellant.

Motion for Rehearing Overruled and Transfer to Supreme Court Denied May 2, 1984.

PREWITT, Judge.

Defendant was convicted of attempted rape and sentenced to fifteen years' imprisonment. On appeal he contends that the trial court erred in not sustaining his motions for judgment of acquittal. Defendant asserts that as rape requires penetration "then it follows that attempted rape requires attempted sexual intercourse...

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