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STATE v. JOHNSON

No. 13657.

685 S.W.2d 603 (1985)

STATE of Missouri, Plaintiff-Respondent, v. James Benny JOHNSON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

February 1, 1985.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Mary Elise Burnett, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

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

GREENE, Judge.

Defendant, James Benny Johnson, was charged with, court-tried, after waiving trial by jury, and convicted of the class A felony of rape, § 566.030.3, .4, RSMo 1978 (amended 1980), and thereafter sentenced to 20 years' imprisonment for the commission of the crime.

The particulars of the charge were that Johnson had sexual intercourse with I.M.B., to whom Johnson was not married, and who was less than 14 years old, by use of forcible compulsion...

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