State v. Davis

GUNN, Judge.

Defendant, Richard Lee Davis, was tried and convicted by a jury of forcible rape under Section 559.260. 1 The trial judge assessed a penalty of eight years imprisonment under the Habitual Criminal Act, Section 556.280, and defendant has appealed to this court.

The issue to be decided by the court as raised by defendant is whether there was substantial evidence presented to the jury to support the conviction of the defendant.

On December 14, 1971, at approximately four p. m., defendant and his friend, David Stamm, drove to the home of the prosecu-trix in Arnold, Missouri. Defendant,…