State v. Phillips

GREENE, Judge.

Defendant Ronald Phillips was convicted in the Circuit Court of Jasper County of the crime of forcible rape in violation of § 559.-260, RSMo 1969, V.A.M.S. His punishment was fixed at 5 years’ imprisonment by the jury. His motion for new trial was overruled. The trial court, after consideration of the pre-sentence report, reduced the sentence to the minimum prescribed by law for the offense in question, which was two years. Defendant appeals the judgment and sentence.

Defendant raises two points on appeal, which are 1) that the trial court erred in overruling defendant’s motion…