State v. Davis

DOWD, Judge.

Defendant appeals his conviction for molesting a minor with immoral intent. § 563.160 RSMo 1969. The jury fixed his punishment at two years imprisonment. We reverse.

The female victim was 13-years-old at the time of the incident. The defendant is the victim’s natural father, but he was never legally married to the victim’s mother. Although the mother had had custody of the victim since early childhood, the defendant usually had custody of the victim every other weekend.

About 4 p. m. on March 2, 1974, the defendant picked up the victim at her mother’s house. He drove her to his home…