State v. Babb

DONNELLY, Judge.

Appellant was convicted of robbery, kidnapping and rape under §§ 569.020, 565.-110 and 566.030, RSMo 1978, in the Circuit Court of Pettis County, and concurrent sentences of fifteen years, twenty years and twenty years were imposed. On appeal the Missouri Court of Appeals, Western District, reversed and remanded for new trial. The case was then transferred to this Court, by order of this Court, and will be decided here “the same as on original appeal.” Mo. Const, art. V, § 10.

At 2:38 p.m. on April 16, 1982, the case was submitted to the jury. At 3:50 p.m. a tornado warning was…