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STATE v. McELROY

No. 9627.

518 S.W.2d 459 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Leonard Roy McELROY, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

January 13, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Robert M. Sommers, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

Robert E. Yocom, Pineville, Robert W. Evenson, Pineville, for defendant-appellant.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

TITUS, Judge.

By information filed March 5, 1973, in the Circuit Court of Polk County, it was charged defendant was guilty of incest in that "on the 13th day of August, 1971, [defendant] did . . . commit fornication with . . . [h]is daughter" M, "age 14 (now 16) years." § 563.220 RSMo 1969, V.A.M.S. The jury failed to agree upon punishment after finding "the defendant guilty as charged in the Information," so the court assessed and declared the punishment to...

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