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STATE v. HERMANNS

No. 62864.

641 S.W.2d 768 (1982)

STATE of Missouri, Respondent, v. Robert Dean HERMANNS, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 3, 1982.

Attorney(s) appearing for the Case

Charles Hayward, Shelbina, for appellant.

John Ashcroft, Atty. Gen., Jay A. Daugherty, Asst. Atty. Gen., Jefferson City, for respondent.

SEILER, Judge.

This direct appeal stems from appellant's sodomy conviction under § 566.060, RSMo 1978,1 in Shelby County Circuit Court, with a five year sentence. The appeal challenges the validity of a statute of this state, and thus we have jurisdiction under Art. V, § 3, Mo. Const. (as amended 1976).

The state presented one witness at trial, the thirteen year old victim, stepdaughter of appellant. She briefly described...

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