STATE v. BERRY

No. 10977.

593 S.W.2d 254 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Billy R. BERRY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 11, 1980.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Gail L. Fredrick, Forsyth, for defendant-appellant.


PREWITT, Judge.

Defendant was charged with the rape of a 23 year old woman. He waived jury trial. After a trial before the circuit judge, defendant was convicted and sentenced to twelve years in prison. § 559.260, RSMo 1969.

On the evening of August 30, 1977, the prosecutrix was with her boyfriend in downtown Branson, Missouri, when they were approached by defendant and his two brothers. She and her boyfriend had just moved to the area, but knew them...

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