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eBook details

• Title: State Missouri v. John Meder
• Author : Western District Court of Appeals of Missouri
• Release Date : January 16, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

John Meder appeals from his conviction of three counts of class B rape under § 566.030, RSMo 1986, 1 for which he was sentenced to three consecutive terms of fifteen years imprisonment. Meder raises four points on appeal, arguing that the trial court erred in: 1) denying Meder's motion for severance and failing to sever the charge and trial of each of the three counts of rape; 2) admitting evidence of the victims' ""sexual acting out"" because any probative value the evidence may have had was clearly outweighed by its prejudicial impact; 3) failing to instruct the jury to disregard the prosecutor's improper closing argument or to declare a mistrial because the prosecutor improperly defined sexual intercourse to the jury; and 4) submitting Instruction No. 4, patterned after MAI-CR3d 302.04, because the definition of reasonable doubt violated Meder's right to due process. Meder does not challenge on appeal the sufficiency of the evidence or the admission of evidence of uncharged crimes or prior bad acts testified to by the victims or others to whom the victims had made statements. Nevertheless, Meder's allegations of error require the recital of a substantial portion of the evidence. The evidence on appeal will be viewed in the light most favorable to the verdicts. State v. Graham, 587 S.W.2d 627, 629 (Mo. App. 1979).

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