STATE v. PETTIJOHN

No. KCD 27949.

541 S.W.2d 74 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Donald E. PETTIJOHN, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

August 30, 1976.


Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Joyce C. Wolfe, Law Intern, Lee M. Nation, Asst. Public Defender, Kansas City, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.


DIXON, Presiding Judge.

Defendant appeals from a judgment and sentence of twenty years imposed upon a jury verdict of guilty and fixing the punishment for the crime of sodomy. Upon defendant's claim that the jury should have been instructed on circumstantial evidence, the cause must be reversed and remanded for a new trial.

The nature of the assigned error compels a detailed factual recital. On September 13, 1974, Ronald R. Seaman, a Kansas City Policeman...

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