State v. Hamm

Defendant was convicted of assault with intent to rape and was sentenced to two years imprisonment. His appeal is based on the single point that the trial court erred in overruling his motion for acquittal for the reason that the state failed to produce sufficient evidence to sustain the jury’s verdict against him. Despite defendant’s counsel’s utter disdain for Rule 84.04 pertaining to appellate briefs 1, we are constrained to apply the plain error doctrine of Rule 27.20(c), for there is insufficient evidence to support the conviction. We therefore reverse the judgment.

When the evidence is…