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  5. 708 S.W.2d 345 (1986)
 

STATE v. STEPHENS

Nos. 13832, 13961.

708 S.W.2d 345 (1986)

STATE of Missouri, Plaintiff-Respondent, v. William Franklin STEPHENS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and to Transfer Denied April 22, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

David Robards, Joplin, for defendant-appellant.

William L. Webster, Atty. Gen., Jennifer H. Fisher, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

MAUS, Judge.

By information, the defendant was charged with forcible rape. By separate information, he was charged with burglary by unlawfully entering the home of the victim for the purpose of committing rape. The charge of rape was tried with a jury. The jury found the defendant guilty. He was sentenced to imprisonment for five years. Thereafter, by stipulation, the charge of burglary was submitted for trial by the court upon the basis of the evidence in the rape...

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