565 S.W.2d 827 | Mo. Ct. App. | 1978
Defendant was charged by information with sodomy per os, an offense proscribed by Sec. 563.230, RSMo 1969. Trial to a jury resulted in a verdict of guilty. The trial court, in view of the jury’s inability to agree thereupon, assessed defendant’s punishment at ten years imprisonment.
The unsavory nature of the facts, coupled with defendant’s tacit concession of their sufficiency to sustain the guilty verdict, makes minimal reference to them highly appropriate.
The state presented evidence from which the jury could find beyond a reasonable
A single point is advanced by defendant on appeal — error in not permitting him to inquire of the prosecuting witness on cross-examination as to whether she had previously made similar accusations of sexual assaults upon her by others.
Judgment affirmed.
All concur.
. By way of general observation defendant failed to refine his point to the extent of charging that the “similar accusations” referred to were false and mere fabrications of the prosecuting witness’s mind. In view of his failure to do so, sound authority exists to exonerate the trial court of any error in limiting defendant’s cross-examination of the eleven year old prosecuting witness. See 75 A.L.R.2d 508; and People v. Pacheco, 220 Cal.App.2d 320, 33 Cal. Rptr. 735 (1963).