STATE v. SHANNON

No. 43637.

637 S.W.2d 393 (1982)

STATE of Missouri, Respondent, v. Hazen SHANNON, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

July 20, 1982.


Attorney(s) appearing for the Case

Joseph W. Downey, Public Defender, Erica Leisenring, Asst. Public Defender, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for respondent.


CLEMENS, Senior Judge.

The primary issue raised in this rape and sodomy conviction is whether defendant ejaculated. If not, he contends, the trial court erred in refusing his instruction on what he claims was the lesser included offenses of sexual abuse, Sections 566.100.1(1) and 566.010.1(3).

The jury found defendant guilty of both rape and sodomy. The trial court sentenced him as a persistent offender to concurrent thirty year terms.

The state's...

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