State v. Gray

DALTON, Presiding Judge.

Defendant was convicted of the crime of incest and his punishment fixed at two years’ imprisonment in the state penitentiary. Section 563.220 RSMo 1959, V.A.M. S. He has appealed and first contends that the court erred in overruling his motion for judgment of acquittal at the close of all the evidence. Supreme Court Rule 26.10, V.A.M.R.

Defendant insists that, as a matter of law, the evidence is not sufficient to sustain a judgment of conviction of the offense charged, because “the evidence of the prosecutrix was extremely conflicting and contradictory and, further, * *…