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STATE v. SMART

Nos. WD 49490, WD 50588.

907 S.W.2d 275 (1995)

STATE of Missouri, Respondent, v. Tim R. SMART, Appellant.

Missouri Court of Appeals, Western District.

September 26, 1995.

Attorney(s) appearing for the Case

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before SPINDEN, P.J., and BRECKENRIDGE and SMART, JJ.

SPINDEN, Presiding Judge.

A jury convicted Tim R. Smart of raping and sodomizing an eight-year-old Saline County girl in 1989. In this appeal, Smart accuses the circuit court of five points of error. In his first two points, he complains that the circuit court erroneously refused to let him present evidence concerning the victim's sexual activity with others and the "tempestuous relations" in the victim's family. In his third and fourth points, he accuses the circuit...

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