State v. Pearson

MAUS, Presiding Judge.

A jury found the defendant guilty of one count of kidnapping (§ 565.110), two counts of deviate sexual intercourse (§ 566.060) and one count of rape by forcible compulsion. (§ 566.030.1). He was sentenced to a term of imprisonment for 10 years upon each count, to run consecutively. He does not question the sufficiency of the evidence. His appointed counsel on appeal has with skill and refreshing candor presented three points of instructional error. Two of these points are based upon failure of the trial court to give an instruction defining “serious physical injury,” a…