STATE v. RUTH

No. KCD 29198.

567 S.W.2d 716 (1978)

STATE of Missouri, Respondent, v. Frederick J. RUTH, Appellant.

Missouri Court of Appeals, Kansas City District.

June 12, 1978.


Attorney(s) appearing for the Case

James L. McMullin, McMullin, Wilson & Schwarz, Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


SOMERVILLE, Presiding Judge.

This is an appeal from a jury verdict whereby defendant was found guilty of sodomy per anum and sentenced to two years imprisonment.

Although defendant took the witness stand in his own behalf and freely admitted that he physically committed the heinous act in question, he sought to escape culpability on the ground that he was coerced into doing so. The trial court gave an instruction (offered by the state)1<...

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