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eBook details

• Title: State Missouri v. William B. Stokely
• Author : Supreme Court of Missouri
• Release Date : January 24, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendant, William B. Stokely, was found guilty of four counts of statutory rape under section 566.030.3. 1 Section 566.030. provides that " person commits the crime of rape if he has sexual intercourse with another person to whom he is not married who is less than fourteen years old." Stokely waived his right to a jury trial and proceeded in a bench trial before Judge Limbaugh of the Circuit Court of Cape Girardeau County. Judge Limbaugh found that Stokely engaged in consensual sexual intercoursewith a thirteen year old girl. Stokely was sentenced to five years imprisonment on each count to be served concurrently. These sentences were suspended, and Stokely was placed on five years probation. Stokely appealed his conviction. First, Stokely claims that section 566.030.3 violates equal protection under the Fourteenth Amendment of the United States Constitution and Article I, Section 2 of the Missouri Constitution. Second, Stokely contendí that section 566.030.3 is unconstitutional under the due process clauses of the Fourteenth Amendment of the United States Constitution and Article I, Section 10 of the Missouri Constitution. Third, Stokely asserts that section 566.030.3 violates his right to confront a witness against him as guaranteed by the Sixth Amendment of the United States Constitution. Because the constitutionality of section 566.030.3 is called into question, this Court has exclusive appellate jurisdicción under Article V, Section 3 of the Missouri Constitution. Section 566.030.3 is valid and does not violate either the United States or Missouri Constitutions. The judgment is affirmed.

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