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STATE v. CHURCHILL

No. SC 84695.

98 S.W.3d 536 (2003)

STATE of Missouri, Respondent, v. Nicklous D. CHURCHILL, Appellant.

Supreme Court of Missouri, En Banc.

March 4, 2003.

Attorney(s) appearing for the Case

Kent Denzel, Assistant State Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, for Respondent.

Introduction

RONNIE L. WHITE, Judge.

Nicklous D. Churchill appeals his conviction of first-degree statutory sodomy under section 566.062.1 During the course of the trial one of the state's witnesses testified that the abuse allegedly incurred by the victim ("A.T.") "was real," thereby usurping the province of the jury. Because the trial court abused its discretion in overruling Churchill's objection, the judgment is reversed...

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