STATE v. RANK

No. WD 46003.

849 S.W.2d 230 (1993)

STATE of Missouri, Respondent, v. Leo A. RANK, Appellant.

Missouri Court of Appeals, Western District.

As Modified March 29, 1993.


Attorney(s) appearing for the Case

Robert S. Drake, Jr., Warsaw, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., for respondent.

Before LOWENSTEIN, C.J., and TURNAGE and SPINDEN, JJ.


LOWENSTEIN, Chief Judge.

Leo Rank was court-tried and found guilty of sodomizing a six-year-old daughter of his son's wife, (the victim, his step-granddaughter, will be referred to as "N"). Rank babysat with N in December, 1990, in Warsaw, Missouri. He does not contest the sufficiency of the evidence supporting a violation of § 566.060.3, RSMo.Cum.Supp. 1992 which denounces deviate sexual intercourse (any sexual act involving the genitals of one person and the...

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