State v. Thomas

CRANDALL, Presiding Judge.

Defendant, Leon Thomas, Jr., appeals from a conviction by a jury for burglary in the first degree. § 569.160, RSMo (1978). He was sentenced to fifteen years’ imprisonment. We affirm.

The evidence was that defendant entered the victim’s home through a window. The victim testified that defendant told her he wanted to “make love” to her and that he had sexual intercourse with her after a brief struggle. Medical tests did not reveal the presence of seminal fluid or of sperm.

Defendant was charged with burglary in the first degree and rape. A jury acquitted defendant of…