State v. McCabe

The appellant was charged by information with the felony of rape in violation of Section 559.260, RSMo 1969, V.A.M.S. He was tried before a jury on February 27 and 28, 1973 in the Circuit Court of Jackson County, Missouri. The jury found defendant guilty of rape and fixed his punishment at ten years in the Missouri Department of Corrections. Judgment was rendered accordingly. Appellant filed a motion for a new trial, which motion was overruled. He appeals.

The following facts were elicited in testimony before the trial court. Prosecutrix, Leanna Moore, testified that she was awakened around…