State v. Rouse

TURNAGE, Chief Judge.

Michael Rouse was convicted by a jury of rape, § 566.030, RSMo 1986. The court followed the recommendation of the jury and imposed sentence at five years imprisonment.

Rouse contends the State failed to prove an essential element of the offense, and that there was a variance between the information and the proof. Rouse filed a motion under Rule 29.15 which the court dismissed without a hearing and without findings of fact. Rouse contends that the court erred in fading to make findings of fact. Affirmed in part; reversed and remanded in part.

Rouse was charged with the rape…