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STATE v. APPLEGATE

No. 12590.

668 S.W.2d 624 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Lex Ray APPLEGATE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 28, 1984.

Attorney(s) appearing for the Case

George M. Johnson, Springfield, for defendant-appellant.

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

HOGAN, Judge.

By two-count information, defendant Lex Ray Applegate was charged with seconddegree murder, as defined and denounced by § 565.004, RSMo 1978,1 and with sodomy, as defined and denounced by § 566.060. The victim was one Donald Eugene Medley, a male child about 2½ years of age. At the defendant's request and with the trial court's consent, trial was had to the court without the aid of a jury. The court found the...

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