STATE v. DINGMAN

No. 42015.

232 S.W.2d 919 (1950)

STATE v. DINGMAN.

Supreme Court of Missouri. Division No. 2.

October 9, 1950.


Attorney(s) appearing for the Case

B. R. Williams, Macon, William M. Stringer, Moberly, for appellant.

J. E. Taylor, Atty. Gen., John S. Phillips, Asst. Atty. Gen., for respondent.


BARRETT, Commissioner.

A jury has found the appellant guilty of a sodomitical offense and fixed his punishment at two years' imprisonment. Mo.R.S.A. § 4650. In his brief and argument the appellant does not challenge the sufficiency of the evidence to sustain the conviction, there is no error upon the record proper, and the only question is whether the trial court erroneously and prejudicially instructed the jury.

The state's principal instruction conventionally...

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