STATE v. MILLER

No. 38949.

560 S.W.2d 45 (1977)

STATE of Missouri, Respondent, v. William MILLER, Appellant.

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

November 22, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Terry Burnet, Asst. Public Defender, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Phillip Koppe, Asst. Atty. Gen., Jefferson City, for respondent.


CLEMENS, Presiding Judge.

A jury found defendant William Miller— as an accomplice of Ben Cherry—guilty of sodomy and attempted rape and the court imposed concurrent eight- and five-year sentences. Defendant appeals, claiming insufficient evidence of his participation, and also, that he was erroneously denied jury argument about the absence of fingerprints.

The victim and her young daughters were asleep in their apartment when a neighbor came...

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