State v. Schuster

VAN OSDOL, Commissioner.

Defendant was convicted of the crime of forcible rape. Section 559.260, RSMo 1949, V.A.M.S. His punishment was assessed by a jury at two years in the penitentiary; and he has appealed from the judgment entered.

Herein defendant-appellant contends the trial court erred in overruling defendant’s motion for a judgment of acquittal; in giving State’s Instruction No. 3; and in failing to properly rule on defendant’s objection to a statement made by the prosecuting attorney in his argument to the jury. Defendant-appellant also asserts the prosecuting attorney, when…