EBERSPACHER v. STATE

No. WD 51612.

915 S.W.2d 384 (1996)

Christian G. EBERSPACHER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

February 13, 1996.


Attorney(s) appearing for the Case

Emmett D. Queener, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kurt U. Schaefer, Asst. Atty. Gen., Jefferson City, for respondent.

Before FENNER, C.J., P.J., and LOWENSTEIN and HANNA, JJ.


FENNER, Chief Judge.

On May 6, 1994, Christian Eberspacher was charged by information with three counts of rape, § 566.030, RSMo 1994. On July 14, 1994, he entered a plea of not guilty and not guilty by reason of mental disease or defect, and a mental examination was ordered. The mental examination report was filed with the trial court on September 1, 1994.

On October 21, 1994, the trial court determined from the report that Eberspacher did not have a...

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