State v. Cunningham

KAROHL, Chief Judge.

Defendant appeals a conviction of forcible rape, a violation of § 566.030.1 RSMo Cum.Supp.1982.1 Defendant was charged with aggravated rape, expressly a class A felony. Section 566.030.2 RSMo Cum.Supp. 1982. We affirm.

A lengthy discussion of the facts is unnecessary to address the issues. Defendant first claims the trial court erred in not granting his motion for acquittal because the state failed to prove an essential element of the charged crime of aggravated rape. The jury instructions submitted the offenses of aggravated rape and forcible rape to the jury. The error…