State v. Parton
Decision Date | 11 December 1972 |
Docket Number | No. 57085,No. 2,57085,2 |
Citation | 487 S.W.2d 523 |
Parties | STATE of Missouri, Respondent, v. Edward PARTON, Appellant |
Court | Missouri Supreme Court |
John C. Danforth, Atty. Gen., Charles B. Blackmar, St. Asst. Atty. Gen., St. Louis, for respondent.
Gilbert P. Strelinger, St. Louis, for appellant.
Charged as an habitual criminal with three prior offenses, Section 556.280, RSMo 1969, V.A.M.S., defendant was tried to a jury and found guilty of statutory rape. The trial court assessed punishment at fifty years confinement, Section 559.260, V.A.M.S., and defendant has appealed.
The victim was six years of age at the time of the incident in question and seven at the time of trial. Her mother had three children, and 'off and on' defendant had lived with the family. On July 25, 1970, a baby-sitter was watching the children when she noticed Karen, the victim, was absent from a group of children playing in the yard. She went to the house and defendant met her but said he had not seen Karen. The baby-sitter then called the mother and the police. Defendant later told the baby-sitter and a policeman that he had found Karen, she was in the house and he would punish her. Shortly thereafter, the baby-sitter returned to the house to get Karen and found her to be bruised about the mouth and without underwear. Karen told of acts committed on her by defendant which are legally classified as rape, fellatio and sodomy. The evidence met the demands of Section 546.330, V.A.M.S. Later the police were recalled and the mother arrived. She gave the police bedsheets and items of underwear which appeared to be soiled. Tests on these items revealed blood and seminal stains, and a doctor stated the child had sustained substantial injury to the genital area. Prior to the mother's arrival, defendant had driven from the house and was arrested later in the day while hiding in the rear of a tavern. He testified that he did 'smack' the child in the mouth because she had run away but denied any sexual acts took place.
First, it is asserted that the trial court erred in finding Karen to be a competent witness and permitting her to testify over defendant's objection in violation of Section 491.060(2), V.A.M.S. As was said in State v. Starks, Mo., 472 S.W.2d 407: State v. Statler, Mo., 331 S.W.2d 526, 528. See also Hildreth v. Key, Mo.App., 341 S.W.2d 601, wherein the implications of each of the four elements listed were exhaustively explored as were related cases on the general subject. The latter case involved testimony by a witness of facts observed while 4 years and 7 months of age.
As to this case, Karen testified as to her age, ability to count, place of residence, relatives, days of the week and her school work both at pre-trial hearing and at the trial. From the record presented, it appears that the witness was alert and intelligent and met the standards heretofore noted. The two cases relied on by defendant--State v. Jackson, 318 Mo. 1149, 2 S.W.2d 758 and State v. Jones, 360 Mo. 723, 230 S.W.2d 678--are clearly distinguishable. In Jackson the child was found to be appallingly ignorant, and in Jones the testimony of the...
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State v. Singh
...S.W.2d 657 (Mo.App.1979). The death of her mother was a shocking occurrence that will undoubtedly scar her memory forever. State v. Parton, 487 S.W.2d 523 (Mo.1972); State v. Ball, 529 S.W.2d 901 (Mo.App.1975). The time between the event and her testimony was relatively short. 6 From the re......
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State v. Dayton
... ... The purpose of the statute is to protect an accused from the testimony of a child of tender years who may lack the capacity to truthfully and accurately relate an event previously observed. State v. Parton, 487 S.W.2d 523, 525(1--4) (Mo.1972). The determination of testimonial competency of a child rests on the whole of his testimony (State v. Obie, 501 S.W.2d 513, 515(5, 6) (Mo.App.1973)), and his voir dire need not be altogether consistent before he will qualify to testify at the trial. In State ... ...
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