Earl E. Manley and Sylvia Manley v. Herman

A jury found defendant James C. Rudd guilty of five counts of rape as defined and denounced by § 566.030.3, RSMo Supp. 1984. His punishment was assessed at imprisonment for a term of 15 years on each count. The trial court ordered that the sentences on Counts I and V of the information run consecutively. It further ordered that the sentences on Counts II, III and IV run concurrently and also run concurrently with the sentences on Counts I and V. The defendant appeals, contending that the trial court erred in denying his motion for a bill of particulars and erred in giving Instructions Nos. 7, 9 and Il because those instructions did not fairly distinguish the three offenses charged. We affirm.