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STATE v. GIBSON

No. 61365.

636 S.W.2d 956 (1982)

STATE of Missouri, Respondent, v. John Lee GIBSON, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 13, 1982.

Attorney(s) appearing for the Case

Melvin G. Franke, Union, Timothy A. Braun, St. Charles, for appellant.

John Ashcroft, Atty. Gen., Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, for respondent.

MORGAN, Judge.

Appellant was acquitted of one count of sodomy, but convicted of one count of forcible rape and one count of kidnapping and was sentenced to terms of twenty years and five years respectively with said terms to run consecutively. Secs. 559.260 and 559.240, RSMo 1969. The appeal therefrom revolves around the application and alleged unconstitutionality of § 491.015, RSMo 1978, commonly referred to as the "rape shield" statute. We reverse and remand...

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