State v. Evans

DOWD, Chief Judge.

Defendant, Eddie Lee Evans, was convicted of burglary and rape in violation of §§ 569.160 and 566.030 RSMo 1978 and sentenced to life imprisonment for the rape and fifteen years for the burglary. In a previous trial, defendant was convicted of first degree murder [felony murder] arising out of the same criminal episode with burglary as the underlying felony. State v. Evans, 639 S.W.2d 792 (Mo.banc 1982).

Defendant does not challenge the sufficiency of the evidence and instead appeals alleging instructional error and a violation of his fifth amendment right against double…