STATE v. THOMAS

No. WD 31734.

620 S.W.2d 32 (1981)

STATE of Missouri, Respondent, v. Howard THOMAS, Appellant.

Missouri Court of Appeals, Western District.

July 14, 1981.


Attorney(s) appearing for the Case

Peter N. Sterling, Acting Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Henry T. Herschel, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and TURNAGE and CLARK, JJ.


TURNAGE, Judge.

Howard Thomas was convicted after a bench trial of sodomy, § 563.230, RSMo 1969, and was sentenced to ten years in prison.

On this appeal Thomas contends the young victim was not competent to testify because he remembered the date of the offense only because his father told him; that the evidence was insufficient to show the date of the offense because of a conflict in the evidence as to the date; and the court erred in refusing to permit...

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