State v. Russell

MANFORD, Judge.

This is a direct appeal from a jury conviction for attempting to commit forcible rape in violation of § 564.011 and § 566.030, RSMo 1978. The judgment is affirmed.

Appellant’s sole point on this appeal charges the trial court abused its discretion in allowing the alleged victim to testify because of her age and because her own testimony revealed she was not capable of understanding the oath, and there was no showing she could truly observe and register the incident charged and retain any independent memory of it.

The record reveals that appellant went to the residence of the…