State v. Cannady

SIMON, Judge.

Defendant, Melvin Cannady, was tried for robbery in the first degree, § 569.020 RSMo 1978, felonious restraint, § 565.120 RSMo 1978, and forcible rape, § 566.030 RSMo 1978, in the Circuit Court of the City of St. Louis. The jury found him guilty of stealing from a person, § 570.030 RSMo 1978, a lesser included offense of robbery, and felonious restraint but could not reach a verdict on the forcible rape count and a mistrial was declared as to it. Defendant appealed the stealing and felonious restraint convictions, contending that the introduction into evidence of a rape lab kit…