STATE v. CARRIKER

No. ED 95020.

342 S.W.3d 425 (2011)

STATE of Missouri, Respondent, v. Donald CARRIKER, Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

June 14, 2011.


Attorney(s) appearing for the Case

Stephen Ray Porter , Hannibal, MO, for Appellant.

Chris Koster , Atty. Gen., Jamie Pamela Rasmussen , Jefferson City, MO, for Respondent.


ROY L. RICHTER, Chief Judge.

Donald Howard Carricker ("Defendant") appeals the trial court's denial of his motion for a new trial. We affirm.

I. BACKGROUND

Defendant was convicted on two counts of second-degree statutory sodomy. The jury deliberated for almost three hours before sending the judge a question asking, "If hung jury, will Defendant be retried?" The judge brought the jury into the courtroom and answered the question. At the same time...

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