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STATE v. SHEPHERD

No. SD 31778.

398 S.W.3d 921 (2013)

STATE of Missouri, Plaintiff-Respondent, v. Jack W. SHEPHERD, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

May 21, 2013.

Attorney(s) appearing for the Case

Craig A. Johnston , Columbia, MO, for Appellant.

Chris Koster , Atty. Gen., Evan J. Buchheim , Jefferson City, MO, for Respondent.

NANCY STEFFEN RAHMEYER, J.

Jack W. Shepherd ("Appellant") was charged by information with child molestation in the first degree, in violation of 566.067.1, RSMo Cum.Supp.2006, and, as required by the elements of that offense, the State's theory of prosecution during the evidentiary portion of the trial was that Appellant touched the genitals of a two-year-old child ("Child").1 Following the close of all the evidence, the State requested...

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