State v. Johnson

HYDE, Judge.

Defendant was convicted of forcible rape (Sec. 559.260) and sentenced under the habitual criminal statute (Sec. 556.280) to ten years’ imprisonment. (Statutory references are to RSMo 1959 and V.A.M.S.) Defendant has appealed and his counsel makes two claims of error: (1) overruling his motion for a directed verdict and (2) permitting testimony of the police officer, who arrested defendant, that after arrest for and confrontation with the charge of rape defendant refused to make any statement.

Defendant filed no motion for new trial but after sentence, we allowed him to appeal. out…