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STATE v. FRANKLIN

No. 53881.

459 S.W.2d 314 (1970)

STATE of Missouri, Respondent, v. Robert Lynn FRANKLIN, Appellant.

Supreme Court of Missouri, Division No. 1.

November 9, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Dale L. Rollings, Asst. Atty. Gen., Jefferson City, for respondent.

Alfred I. Harris, St. Louis, for appellant.

HIGGINS, Commissioner.

Robert Lynn Franklin, indicted for carnally and unlawfully knowing a female child under the age of sixteen years, was convicted by a jury which assessed his punishment at fifteen years' imprisonment. Sentence and judgment were rendered accordingly. § 559.260, V.A.M.S.

Appellant charges error in submitting this case to the jury contending (IV) there was not sufficient evidence of penetration...

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