State v. Scott

PRITCHARD, Presiding Judge.

By the verdict of a jury, appellant was found guilty of forcible rape (§ 566.030.1, RSMo Supp.1980), and punishment was assessed by it at seven years imprisonment, which was accordingly imposed by the court.

The sole issue is whether the trial court should have included in the verdict-directing instruction this paragraph of MAI-CR 2d 20.02.1: “Fourth, that the defendant did not believe that [name of victim ] consented to the intercourse, as submitted in Instruction No. _”, and whether the court should have given an instruction under MAI-CR 2d 2.37.1.2 on appellant’s…