STATE v. DAVIS

No. 36902.

540 S.W.2d 122 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Watt DAVIS, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied August 18, 1976.

Application to Transfer Denied October 12, 1976.


Attorney(s) appearing for the Case

Ira M. Young, St. Louis, for defendant-appellant.

Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., St. Louis, for plaintiff-respondent.


DOWD, Judge.

Defendant appeals his conviction for molesting a minor with immoral intent. § 563.160 RSMo 1969. The jury fixed his punishment at two years imprisonment. We reverse.

The female victim was 13-years-old at the time of the incident. The defendant is the victim's natural father, but he was never legally married to the victim's mother. Although the mother had had custody of the victim since early childhood, the defendant usually had custody of...

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