State v. Ervin

BERREY, Presiding Judge.

Appellant Kevin C. Ervin, defendant below, appeals his conviction for forcible rape.

The facts are these. On March 28, 1984, the fifteen (15) year old victim, A.P., overslept and missed her school bus. She lived at 47th and Prospect and had to get to her school on east 23rd street. She caught an ATA bus on Prospect and got off at 23rd *414street. She walked west toward Lincoln Academy located at 2012 East 23rd Street, Kansas City, Jackson County, Missouri. She was accosted by defendant along the way. The defendant said “you dropped something by the pole” and when she looked…