State v. Bascue, 54870

CourtUnited States State Supreme Court of Missouri
Citation485 S.W.2d 35
Docket NumberNo. 54870,No. 2,54870,2
PartiesSTATE of Missouri, Respondent, v. Larry Michael BASCUE, Appellant
Decision Date09 October 1972

Page 35

485 S.W.2d 35
STATE of Missouri, Respondent,
Larry Michael BASCUE, Appellant.
No. 54870.
Supreme Court of Missouri, Division No. 2.
Oct. 9, 1972.

Page 36

John C. Danforth, Atty. Gen., Y. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Lloyd F. Dieckman, Pohlmann & Dieckman, Kansas City, for appellant.

HOUSER, Commissioner.

Larry Michael Bescue, charged with statutory rape of his 14-year-old stepdaughter, waived a jury, submitted his case to the court sitting without a jury and was found guilty. Sentenced to 3 years' imprisonment, Bascue has appealed. This Court has jurisdiction under Section 3 of Article V, Constitution of Missouri, 1945, V.A.M.S., as provided by that section prior to the amendment adopted at the special election of August 4, 1970, since the notice of appeal was filed prior to January 1, 1972. Article V, § 31.

Appellant's first point is that the court erred in admitting testimony of prior acts of misconduct. The testimony objected to is that of prosecutrix that on occasions when her mother was not present at the home, beginning when prosecutrix was 9 years of age, appellant started 'messing around' with her, that is, with both of them undressed and in the bedroom appellant, with his hand, would play with her private parts--with 'that which was between (her) legs.' Also he would use his private part--'the thing between his legs'--by putting it between her legs and against her privates and 'just sort of move it back and forth,' without putting it inside her. Later, after she attained age 12, he would have intercourse with her by putting his private part into hers, actually penetrating her body. This occurred once or twice a week. The specific charge was that of carnally knowing and abusing the girl on June 22, 1968. Appellant argues that the acts of 'messing around' and playing with her private parts are not so interrelated with the charge of rape as to come within the exception to the general rule of inadmissibility of other crimes, under which exception evidence of other offenses

Page 37

is admissible when their proof may tend to establish motive or intent, or a common scheme or plan embracing the commission of separate similar offenses so interrelated to each other that proof of one tends to prove the other. Appellant maintains that the prior acts in question constitute nothing more than child molestation, are not reasonably related to the charge of statutory rape on June 22, 1968, and are remote in point of time; that by their admission in evidence appellant was placed on trial for acts with which he was not charged, in violation of his rights under state and federal constitutional provisions, and that his alibi defense was thereby nullified under the ruling is...

To continue reading

Request your trial
14 cases
  • State v. Garrett, 11246
    • United States
    • Court of Appeal of Missouri (US)
    • February 19, 1980
    ...of Webster Groves v. Institutional & Pub. Emp. U., 515 S.W.2d 444 (Mo.1974); State v. Perry, 499 S.W.2d 473 (Mo.1973); State v. Bascue, 485 S.W.2d 35 (Mo.1972); Whealen v. St. Louis Soft Ball Ass'n, 356 Mo. 622, 202 S.W.2d 891 (1947); Brock v. Steward, 519 S.W.2d 365 The appellant was born ......
  • State v. Taylor, 14795
    • United States
    • Court of Appeal of Missouri (US)
    • July 24, 1987
    ...concedes the admissibility of evidence of his 1982 conviction of sodomy upon A.W. He acknowledges the authority of State v. Bascue, 485 S.W.2d 35 (Mo.1972) and State v. Williams, supra, involving prior sex crimes with the same victim. However, he argues the state should have been limited to......
  • State v. Bernard, No. 74775
    • United States
    • United States State Supreme Court of Missouri
    • February 23, 1993
    ...and the victim was admissible despite the general rule prohibiting evidence of prior misconduct of the defendant. See State v. Bascue, 485 S.W.2d 35, 37 (Mo.1972); State v. Garner, 481 S.W.2d 239, 241 (Mo.1972); State v. Cason, 252 S.W. 688, 689-90 (Mo.1923); State v. Hersh, 296 S.W. 433, 4......
  • State v. Woods, 46730
    • United States
    • Court of Appeal of Missouri (US)
    • January 19, 1983
    ...State, 485 S.W.2d 424 (Mo.1972); Tyler v. State, 485 S.W.2d 102 (Mo.1972); State v. Sechrest, 485 S.W.2d 96 (Mo.1972); State v. Bascue, 485 S.W.2d 35 (Mo.1972); State ex rel. Highway Commission v. Wertz, 478 S.W.2d 670 (Mo.1972); Papin v. Papin, 475 S.W.2d 73...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT