State v. Boone

Defendant was charged with forcible rape; verdict of guilty; punishment assessed by the jury at 50 years and one day in the penitentiary. Motion for a new trial was overruled; allocution and sentence followed and defendant appealed.

The prosecuting witness was Mary Mae Maggart, daughter of defendant. She had been married, but was divorced. Defendant and the mother of Mary Mae were also divorced. All the parties resided in Kirksville, Missouri. Mary Mae lived with her mother and defendant had a room over a drug store. About 4 P.M., October 22, 1945, defendant sent word to his daughter that he…