State v. Tate

LOWENSTEIN, Chief Judge.

A jury convicted the appellant, Gerald L. Tate, of the class B felony of sodomy under § 566.060.3, Cum.Supp.1992. He received á fifteen-year sentence. Tate, in his two points on appeal, alleges the trial court erred when the judge sustained the State’s objection to defense counsel’s cross-examination of his accuser and failed to declare a mistrial during the prosecutor’s closing argument because the prosecutor asked the jury to search for the “reasonable truth.”

On October 2, 1989, Tate stayed at home and watched the ten-year old victim and some other children while his…