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STATE v. SMITH

No. 13573.

679 S.W.2d 899 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Steven F. SMITH, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 19, 1984.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Richard Baugh, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Steve Carlton, Carthage, David Robards, Public Defender Comm., Joplin, for defendant-appellant.

TITUS, Presiding Judge.

Defendant was jury-convicted of the class B felony of sodomy (§ 566.060)1 and, per the verdict, was sentenced to imprisonment for a term of eight years. § 558.011-1(2). He has appealed.

In his first point relied on defendant claims the trial court erred in permitting his daughter, the alleged victim of the sodomy, to testify because, being less than...

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