State v. Mooney

SIMON, Judge.

Michael Eugene Mooney (Mooney) was convicted of molestation of a minor, § 563.-160 RSMo 1969, in the Circuit Court of St. Charles County on November 22, 1978 and sentenced to a term of four years of imprisonment. Mooney filed an appeal with this court on January 15, 1979. The cause was remanded to allow Mooney to file an amended motion for a new trial so that evidence of a recantation by the victim and sole eyewitness, S.W., could be considered by the trial court and made a part of the record. The evidence was discovered by Mooney more than six months after the time for filing an…