State v. Hester

HOLSTEIN, Judge.

Appellant, William T. Hester, was convicted by a jury in the circuit court of Jackson County of the class B felony of sodomy. § 566.060. 1 During the trial, out-of-court statements of the child-victim were admitted in evidence pursuant to § 491.075. Appellant claims the statute is facially unconstitutional and unconstitutional as applied in violation of his rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Missouri Constitution, art. I, §§ 10 and 18(a). The cause was transferred to this Court to determine the constitutionality of the…