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STATE v. SCHALLER

Nos. WD 49851, WD 51754.

937 S.W.2d 285 (1996)

STATE of Missouri, Respondent, v. Thomas SCHALLER, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 24, 1996.

Application to Transfer Denied February 25, 1997.

Attorney(s) appearing for the Case

Emmett Queener, Asst. Public Defender, Columbia, for appellant.

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

Before ULRICH, C.J., P.J., and SPINDEN and SMITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 24, 1996.

SPINDEN, Judge.

Thomas Schaller appeals his convictions of forcible rape and forcible sodomy of a 15-year-old girl. He asserts that the circuit court abused its discretion by requiring Joe Everhart, Schaller's accomplice, to assert his privilege against self-incrimination in the jury's presence. He also complains of the circuit court's permitting the state to call a rebuttal witness...

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