State v. Foster

STEWART, Presiding Judge.

Defendant appeals from a conviction for rape in violation of § 566.030 RSMo 1978. Judgment was entered pursuant to a jury verdict of guilty. The defendant was sentenced to five years imprisonment.

For reversal, appellant contends: 1) the trial court erred in failing to grant his motion for judgment of acquittal; 2) that Instruction No. 5 was improper because it purported to cover the whole case and made no reference to the instruction on mistake of fact defense given by the court; 3) that Instruction No. 8 and part of Instruction No. 9 did not submit the proper cupable…