State v. Hires

KENNEDY, Judge.

A jury found the defendant Gary Hires guilty of one count of rape and each of two counts of sodomy. Under the Second Offender Act, § 556.280, RSMo.1969, defendant was sentenced to ten years’ imprisonment on each count, to be served concurrently. From the ensuing judgment and sentence he has appealed to this court. Finding no prejudicial error, we affirm.

On November 27,1976, Janet was waiting for a bus at a bus stop at 43rd and Main in Kansas City, Missouri. It was between 4:30 and 5:00 o’clock p. m. and she had finished her day’s work at St. Luke’s Hospital. It was quite cold.…