STATE v. COUNTS

No. 39624.

572 S.W.2d 885 (1978)

STATE of Missouri, Respondent, v. Alvin Eugene COUNTS, Appellant.

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

October 10, 1978.


Attorney(s) appearing for the Case

Jack L. Duncan, Flat River, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto and Eric Martin, Asst. Attys. Gen., Jefferson City, Gary E. Stevenson, Pros. Atty., James E. Pennoyer and Thomas L. Ray, Jr., Farmington, for respondent.


CLEMENS, Judge.

The state charged defendant Alvin Counts with committing three acts of sodomy on his twelve-year-old stepson, Douglas Aubuchon. A jury found defendant guilty on the first two counts but not guilty on the third. The jury was unable to agree on punishment and the trial court assessed punishment at two concurrent life terms.

Defendant has appealed, contending the victim's testimony was so contradictory and unconvincing that it was insufficient...

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