State v. Finney

906 S.W.2d 382, 1995 Mo. App. LEXIS 1533, 1995 WL 527190
CourtMissouri Court of Appeals
DecidedSeptember 6, 1995
DocketNo. 19446
StatusPublished

This text of 906 S.W.2d 382 (State v. Finney) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Finney, 906 S.W.2d 382, 1995 Mo. App. LEXIS 1533, 1995 WL 527190 (Mo. Ct. App. 1995).

Opinion

CROW, Judge.

Appellant was found guilty by a jury of sexual abuse in the first degree, § 566.100, RSMo Cum.Supp.1992, by subjecting a person less than twelve years old to sexual contact, and was sentenced to five years’ imprisonment. Appellant’s sole point relied on maintains there was insufficient evidence to support the verdict.

In adjudicating that issue, we view the evidence, together with all reasonable inferences drawn therefrom, in the light most favorable to the verdict and disregard all evidence and inferences to the contrary. State v. Silvey, 894 S.W.2d 662, 673 (Mo. banc 1995). Review is limited to determining whether there was sufficient evidence from which a reasonable juror might have found Appellant guilty beyond a reasonable doubt. Id.

The alleged victim, M-, was six years of age at time of trial (February 7-8, 1994). His mother, T-, testified she and he moved into a Springfield apartment around September 4, 1993. It was one of two apartments in a converted house. The other apartment was occupied by Appellant.

T-recounted that Appellant was “nice” to M-. Occasionally, M-took pictures to Appellant, and there were instances when T-sent M-to Appellant’s apartment for cigarettes.

In October, 1993, T-asked M-to go to Appellant’s apartment for cigarettes. M-“didn’t want to.” T-testified that around that time, M-was “getting out of control” and his school work was “going downhill.” T-talked to M-’s teacher because T-“knew something was bothering [M-].”

M-was in the first grade. By mid-October, 1993, his teacher also noted a change in his behavior. He became less attentive, and the color black became dominant in his drawings. The teacher observed M- “strut or pose” in the presence of other children “like an adult being seductive.” When the teacher directed the students to write the word “man” in their dictionaries, M-drew a picture of a man who “was naked with the genitalia, a quite detailed drawing.”

On October 14, 1993, Officer Rick Headlee of the Springfield Police Department went to M-’s school and talked to M- about Appellant. M-referred to Appellant as “Bill.”

M-revealed to Headlee that Bill had pulled down M-⅛ pants five times and M-⅛ underwear four times. Headlee asked M-whether Bill had ever touched M-⅛ “private parts.” M- said, ‘Yeah.” Headlee never asked “whether it was on top or underneath the clothes.”

Headlee went to Appellant’s apartment and asked Appellant whether M- had ever been there. Appellant answered, ‘Yeah,” and showed Headlee three pictures M-had drawn.

The prosecutor presented M-as a witness at trial. M-identified Appellant as Bill.

Appellant’s point relied on asserts M-’s testimony “was inconsistent, was not sufficient to establish the element of sexual contact, was not corroborated by other evidence or testimony and was contradicted by the testimony of [Headlee, T-, and M-⅛ grandmother] regarding what [M-] previously told them.” This claim of error requires quotation of a substantial part of M-⅛ testimony.

[384]*384“Q. And when you went over to Bill’s house, would you go over there by yourself?
A. Yeah.
Q. When you went over to Bill’s house did Bill ever do anything to you that you didn’t like?
A. Yes.
Q. What would Bill do that you didn’t like?
A. (No response.)
Q. Let me ask you some other questions .... Would Bill kick you?
[[Image here]]
A. No.
Q. Would he hit you?
A. No.
Q. Would he slap you?
A. No.
Q. Would he touch you?
A. No.
Q. What did Bill do that you didn’t like ...?
[Appellant’s lawyer]: I object to asking that again, he didn’t provide any response before.
THE COURT: Overruled.
Q. ... what would Bill do that you didn’t like?
A. Touch my private part.
Q. Okay. Is your private part above your belt or below your belt?
A. Below.
Q. And is your private part — do you go to the bathroom with your private part?
A. Yeah.
Q. Is it on the front of your body or on the back of your body?
A. Front.
Q. When Bill would touch your private, what would he touch your private with?
A. His hand.
Q. How many times ... did Bill touch your private part?
A. Five times.
[[Image here]]
Q. ... when Bill would touch you on your private part, ... would he ever move his hand?
A. No.
Q. So when he touched it did his hand just stay still?
A. Yeah.
Q. When he touched you on your private part was it on top of your clothes or underneath your clothes?
A. On top.
Q. Do you remember when a policeman came to ... School and talked to you?
A. Yeah.
Q. Did you tell him the truth when you talked to him?
A. Yeah.
[[Image here]]
Q. Okay. The first time that Bill touched you, where were you when he touched you?
A. In his house.
Q. Do you remember what room in his house?
A. Living room.
Q. Was anybody else there?
A. No.
Q. What did Bill do the first time?
A. Touched my private parts.
Q. ... Did Bill ever try to pull your pants down?
A. No.
[[Image here]]
Q. The second time where did it happen?
A. At his house.
Q. Do you remember what room?
A. Living room.
Q. And what did he do that time?
A. Touched my private parts.
Q. Did he try to pull your pants down that time?
A. Yeah.
Q. Did he pull your pants down ... ?
A. No.
[385]*385Q. ...

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Related

State v. Kuzma
751 S.W.2d 54 (Missouri Court of Appeals, 1988)
State v. Sladek
835 S.W.2d 308 (Supreme Court of Missouri, 1992)
State v. Silvey
894 S.W.2d 662 (Supreme Court of Missouri, 1995)
State v. Ogle
668 S.W.2d 138 (Missouri Court of Appeals, 1984)
State v. Burke
719 S.W.2d 887 (Missouri Court of Appeals, 1986)
State v. Pollard
719 S.W.2d 38 (Missouri Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
906 S.W.2d 382, 1995 Mo. App. LEXIS 1533, 1995 WL 527190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-finney-moctapp-1995.