State v. McElroy

TITUS, Judge.

By information filed March 5, 1973, in the Circuit Court of Polk County, it was charged defendant was guilty of incest in that “on the 13th day of August, 1971, [defendant] did . . . commit fornication with . . . [h] is daughter” M, “age 14 (now 16) years.” § 563.220 RSMo 1969, V.A.M.S. The jury failed to agree upon punishment after finding “the defendant guilty as charged in the Information,” so the court assessed and declared the punishment to be five years’ imprisonment and rendered judgment accordingly. Rule 27.-03, V.A.M.R. Defendant appealed.

In substance, M testified that…