State v. Hoy

LOWENSTEIN, Judge.

Roy Hoy was charged by information filed March 6, 1986, with the class D felony of nonsupport of his two children. Section 568.040, RSMo 1986. A jury convicted Hoy of the class A misdemeanor of nonsupport. He was sentenced to 30 days in jail and a fine of $500 to be suspended upon Hoy’s payment of $250 in child support. Hoy has appealed on a number of grounds. The issue on which disposition of this appeal turns is whether a civil decree of dissolution naming children born of a marriage acts to preclude the issue of paternity in a criminal prosecution for non-support.

There is…