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STATE v. RAINES

No. 15153.

748 S.W.2d 865 (1988)

STATE of Missouri, Plaintiff-Respondent, v. James Lee RAINES, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied March 30, 1988.

Application to Transfer Denied May 17, 1988.

Attorney(s) appearing for the Case

Elizabeth A. Bock, Springfield, for defendant-appellant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

FLANIGAN, Judge.

A jury found defendant James Raines guilty of rape, § 566.030,1 and sodomy, § 566.060, and he was sentenced to five years' imprisonment for each offense, the sentences to run consecutively. Defendant appeals.

Defendant's first point is that the trial court erred in failing to sustain his motion to dismiss because Count II of the information, on which the sodomy conviction was based, "fails to allege essential...

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