STATE v. WERNEKE

No. WD 53295.

958 S.W.2d 314 (1997)

STATE of Missouri, Respondent, v. Michael WERNEKE, Appellant.

Missouri Court of Appeals, Western District.

December 23, 1997.


Attorney(s) appearing for the Case

Gary E. Brotherton, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before SMART, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.


LAURA DENVIR STITH, Judge.

Michael Werneke appeals his jury conviction of one count of child molestation. Mr. Werneke claims that the trial court abused its discretion in admitting the victim's hearsay statements under Section 491.075, RSMo 1994, because they were unreliable as was indicated by the victim's inconsistent testimony at trial. The trial court's pre-trial finding of reliability of the hearsay statements was...

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