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Title: State Missouri v. Jerry Don Waltman
Author : Missouri Court of Appeals Springfield District
Release Date : January 09, 1977
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

PER CURIAM: This case was transferred to the court en banc upon the question of the propriety vel non of invoking the plain error rule. Rule 27.20 c), V.A.M.R. We adopt in toto the opinion written by Special Judge George Henry, as follows: ""Defendant was tried on December 29, 1975, in the Circuit Court of Crawford County, the information charging an act of incest (fornication) occurring on November 23, 1974, with (prosecutrix), the sixteen-year-old daughter of defendant. The jury foudn the defendant guilty of incest but failed to agree upon punishment. On January 28, 1976 (thirty days following the verdict) a motion for new trial was filed. On March 19, 1976, the motion for new trial was overruled and the defendant was sentenced by the court to the State Department of Corrections for a period of seven years. Rule 27.03, V.A.MR. Defendant appealed.