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STATE v. RUSSELL

No. 18699.

872 S.W.2d 866 (1994)

STATE of Missouri, Respondent, v. Randall Dean RUSSELL, Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 22, 1994.

Attorney(s) appearing for the Case

Emmett D. Queener, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.

MONTGOMERY, Judge.

A jury found Randall Dean Russell (Defendant) guilty on two counts of sodomy, under § 566.060.1 He appeals, claiming trial court error in allowing the jury to consider certain in-court and out-of-court testimonial evidence. We affirm in part, reverse in part and remand for new trial.

Defendant was living with a young mother and her three children2 when the middle child (R.H....

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