STATE v. FOGLE

No. 52200.

743 S.W.2d 468 (1987)

STATE of Missouri, Respondent, v. Donald W. FOGLE, Jr., Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied December 17, 1987.

Application to Transfer Denied February 17, 1988.


Attorney(s) appearing for the Case

Janet M. Thompson, Tim Wynes, Columbia, for appellant.

William L. Webster, Atty. Gen., Elizabeth A. Levin, Asst. Atty. Gen., Jefferson City, for respondent.


GRIMM, Judge.

In this jury tried case, Donald Fogle, Jr., appeals from his conviction of rape, in violation of § 566.030, RSMo.1986. Fogle was sentenced to five years in the Missouri Department of Corrections and Human Resources.

The appeal raises three issues. First, whether allowing the four-year-old victim to testify without a demonstration of competency violated appellant's due process rights under the Fifth and Fourteenth Amendments to the United...

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