State v. Cokes

PRITCHARD, Judge.

By the verdict of a jury appellant was found guilty of forcible rape, § 566.030, RSMo 1978. Upon a finding that appellant was a persistent offender, as alleged, the court sentenced him to life imprisonment in the Division of Corrections.

The sufficiency of the evidence is not questioned. Appellant presents two points, both of which claim that there was an improper reference in the state’s argument to his failure to testify in violation of his fifth amendment right against being compelled to testify against himself, also claimed to be in violation of the same right under §…