State v. Ogle

A jury found the defendant guilty of the class B felony of rape by forcible compulsion. § 566.030.1(1) RSMo, 1978. The trial court found he was a persistent offender and sentenced him to imprisonment for 20 years. By his motion for a new trial and by his brief filed with this court, the defendant contends he is éntitled to a new trial for the reason the trial court failed to give a mandatory MAI-CR2d instruction defining “serious physical injury”.

The verdict directing instruction was MAI-CR2d 20.02.1. This instruction told the jury to find the defendant guilty if he was not married to the…