State v. Miller

SOMERVILLE, Judge.

Defendant was charged with rape (Sec. 559.260, RSMo Supp.1975), found guilty by a jury, and sentenced to twenty years confinement in the Missouri Department of Corrections. The offense occurred on July 26, 1978, in Cass County and was tried on March 15, 1979, in Bates County on change of venue.

Defendant’s appeal is rife with afterthought-he seeks appellate review of the first two of the following three points under the “plain error” rule: (1) the state’s verdict directing instruction failed to require a finding by the jury that defendant had knowledge that the prosecutrix…