State v. Leigh

BARRETT, Commissioner.

In the language of the statute, RSMo 1959, Sec. 559.260, V.A.M.S., an indictment charged that on December 24, 1965, the appellant, Lonnie Leigh, committed an assault upon Carolyn, eleven years old, and “did then and there unlawfully and feloniously rape, ravish and carnally know.”

In brief, as the jury could reasonably find, these were the circumstances in which the jury found the appellant guilty and fixed his punishment at eight years’ imprisonment. Carolyn lived at 2629 Clara Avenue, in an apartment on the corner of Clara and Kennerly. On December 24, 1965, after dark,…