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STATE v. THOMAS

No. 70783.

767 S.W.2d 27 (1989)

STATE of Missouri, Appellant, v. Kim E. THOMAS, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 18, 1989.

Attorney(s) appearing for the Case

Joseph P. Bednar, Jr., Asst. Pros. Atty., Albert A. Riederer, Pros. Atty., Kansas City, for appellant.

Justine E. Del Muro, Asst. Public Defender, Sean D. O'Brien, Public Defender, Kansas City, for respondent.

William L. Webster, Atty. Gen., Elizabeth Ziegler, Asst. Atty. Gen., Jefferson City, for amicus curiae in support of appellant.

BLACKMAR, Judge.

This is an interlocutory appeal pursuant to § 547.200(1)(2), RSMo 1986. The defendant was charged with child abuse in violation of § 568.060, RSMo 1986. A police officer took a videotaped statement from the victim. Defense counsel filed a pretrial motion "to declare Section 492.304, R.S.Mo. 1986 unconstitutional and to exclude the videotaped statement ..." of the victim. The trial court sustained the motion, finding violation of the Sixth...

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