STATE v. ROUSE

Nos. WD 44067, WD 47667.

866 S.W.2d 179 (1993)

STATE of Missouri, Respondent, v. Michael ROUSE, Appellant. Michael ROUSE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

December 7, 1993.


Attorney(s) appearing for the Case

Raymond L. Legg, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. Nixon, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, C.J., and ULRICH and ELLIS, JJ.


TURNAGE, Chief Judge.

Michael Rouse was convicted by a jury of rape, § 566.030, RSMo 1986. The court followed the recommendation of the jury and imposed sentence at five years imprisonment.

Rouse contends the State failed to prove an essential element of the offense, and that there was a variance between the information and the proof. Rouse filed a motion under Rule 29.15 which the court dismissed without a hearing and without findings of fact. Rouse...

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