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  5. 582 S.W.2d 286 (1979)
 

STATE v. WORTHINGTON

No. KCD 29808.

582 S.W.2d 286 (1979)

STATE of Missouri, Respondent, v. Frank WORTHINGTON, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 3, 1979.

Application to Transfer Denied July 17, 1979.

Attorney(s) appearing for the Case

J. Martin Kerr, Tittle & Kerr, APC, Independence, for appellant.

John D. Ashcroft, Atty. Gen., Eric Martin, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., SWOFFORD, C. J., and WASSERSTROM, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 3, 1979.

SWOFFORD, Chief Judge.

The appellant (defendant) was charged by information with the felonies of Sodomy (Count I) under § 563.230 RSMo 1969, and with Molesting a Minor with Immoral Intent (Count II) under § 563.160 RSMo 1969. The defendant, represented by counsel, waived a jury and was tried before the court below, found guilty, sentenced to five (5) years on each Count,...

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