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STATE v. ERVIN

No. WD 37151.

723 S.W.2d 412 (1986)

STATE of Missouri, Respondent, v. Kevin C. ERVIN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 23, 1986.

Application to Transfer Denied February 17, 1987.

Attorney(s) appearing for the Case

Charles E. Atwell, Kansas City, for appellant.

William L. Webster, Atty. Gen., Elizabeth A. Levin, Asst. Atty. Gen., Jefferson City, for respondent.

Before BERREY, P.J., and PRITCHARD and DIXON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 23, 1986.

BERREY, Presiding Judge.

Appellant Kevin C. Ervin, defendant below, appeals his conviction for forcible rape.

The facts are these. On March 28, 1984, the fifteen (15) year old victim, A.P., overslept and missed her school bus. She lived at 47th and Prospect and had to get to her school on east 23rd street. She caught an ATA bus on Prospect and got off at 23rd

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