State Missouri v. Jack G. Martin Book Reviews

State Missouri v. Jack G. Martin by Western District Court of Appeals of Missouri Book Summary

Jack G. Martin appeals his convictions and consecutive sentences of five and ten years imprisonment for sodomy, §
566.060, RSMo 1986, and the final judgment, following an evidentiary hearing, denying his Rule 29.15 post-conviction motion
to vacate the two sodomy convictions and sentences. Mr. Martin raises seven points in his consolidated appeal. He claims that
(1) because the victim's trial testimony was not corroborated, the trial evidence was insufficient to prove his guilt beyond
a reasonable doubt; (2) the court's failure to grant his motion for judgment of acquittal at the close of all the evidence
as to count III permitted the jury to reach a "compromise verdict" on the two counts for which he was convicted; (3) the court
erred in permitting two detectives to testify as to what the child victim told them prior to trial; (4) the court erred in
allowing the state to present evidence that he made the victim engage in sexual activity with her younger brother; (5) the
trial court erred in failing to declare a mistrial, sua sponte, following a statement made by the prosecutor in closing argument;
(6) the trial court abused its discretion in imposing consecutive sentences and in denying him probation because he exercised
his right to trial; and the motion court erred in denying his Rule 29.15 post-conviction motion on the ground that defense
counsel (7) failed to file a bill of particulars prior to trial, and (8) failed to object to evidence that he made the victim
engage in sexual activity with her younger brother. The judgment of conviction is affirmed. The judgment denying appellant's Rule 29.15 motion is affirmed.

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