State Missouri v. James D. Brigman

FERNANDO J. GAITAN, JR., JUDGE Defendant, James D. Brigman, Jr. was convicted by a jury of forcible rape and felonious restraint, §§ 565.120 and 566.030.2 RSMo 1986, and received a sentence of five years on the charge of forcible rape and a fine of one thousand dollars on the felonious restraint charge. The defendant appeals his conviction, contending that the trial court erred in: (1) finding sufficient evidence to support conviction; (2) permitting the admission of allegedly hearsay testimony by a State's witness; (3) giving Instruction Number Eight because it allegedly was not supported by the evidence, and (4) giving Instruction Number Seven because it allegedly failed to include an essential element of forcible rape. Judgment affirmed.