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Defendant was convicted of forcible rape, § 566.030, RSMo 1978. In accordance with the punishment assessed by the jury, he was sentenced to 48 years' imprisonment. He appeals. We reverse. The victim was employed as a waitress in the 6th floor restaurant of the Stix, Baer & Fuller department store in downtown St. Louis. She completed work at 2:30 p.m. on August 8, 1982. To reach her automobile, parked in the Stix parking garage, she took the department store elevator up to the skywalk, which in turn led to the garage. She observed a man dressed in a white uniform seated at the end of the skywalk. She walked across the skywalk, past the man later identified as defendant, and entered a second elevator for access to the garage. The man followed her into the elevator. As she attempted to exit the elevator at her floor, the defendant stepped off with her. He placed one hand over her mouth, the other around her arms. Defendant demanded her wallet and at the same time hit his victim in the stomach. As she was lying on the floor in front of the elevator door, she reached for her wallet; the man stomped on her hand with his foot. After leafing through her wallet, he threw it back and proclaimed, ""I don't want your money, bitch."" He then kicked her again, she tried to get up, but he again knocked her down. As she fell, she noticed him covering his name tag. She then saw him take off the name tag and put it in his uniform pocket. He punched her several more times and undid her pants as she tried to escape. He then had intercourse with her.

Professional & Technical
29 June
LawApp Publishers
Innodata Book Distribution Services Inc

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