State v. Graham
State v. Graham
Opinion of the Court
Defendant, Jerry Graham, appeals from his conviction of rape. He was sentenced pursuant to § 558.016.2, RSMo 1978, to twenty years imprisonment.
Defendant claims in his sole point on appeal that the evidence was insufficient to support the jury’s verdict. We disagree and affirm the judgment.
Defendant’s complaint necessitates a review of the evidence and reasonable inferences therefrom in a light most favorable to the verdict. All contrary evidence and adverse inferences must be disregarded. State v. Means, 628 S.W.2d 426, 427 (Mo.App. 1982).
Viewed from this perspective the evidence tended to show that, on the night of October 24, 1980, the victim, J. K. was driven to a shopping mall in Sikeston, Mis
There were no eyewitnesses to the actual rape; the State’s case was based on circumstantial evidence. To make a sub-missible case the State was required to present evidence of circumstances consistent with each other, consistent with the hypothesis of guilt and inconsistent with all reasonable hypotheses of innocence. State v. Arnold, 534 S.W.2d 836, 838 (Mo.App. 1976). The evidence presented, when viewed in a light favorable to the verdict, satisfied this test. The State made a sub-missible case and the evidence was sufficient to support the jury’s verdict.
The judgment is affirmed.
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