State v. Wheat

DIXON, Judge.

This criminal appeal from a two-count conviction for rape and sodomy in a court-tried case raises three issues.

The issues are (one) whether the prosecutor should have been directed to proceed under the Criminal Sexual Psychopath Act § 202.710 RSMo 1969; (two) a claim of involuntary confession being admitted against defendant; and (three) that the defendant’s motion to dismiss should have been sustained because his prior release from probation from the Missouri State Hospital was void for lack of hearing under § 202.740 RSMo 1969.

No detailed factual recital is necessary. The…