State v. Leipus

GAERTNER, Presiding Judge.

Appellant was found guilty by a jury of forcible rape, § 566.030, RSMo 1978, and sodomy, § 566.060, RSMo 1978, and was sentenced to consecutive terms of seven years for each of the two counts. On appeal appellant advances four points of error: 1) failure of the trial court to grant his motion to dismiss for violation of the speedy trial act, § 545.780, RSMo 1978; 2) error in admitting hearsay testimony of an out-of-court identification; 3) error in overruling his motion to strike a venireman for cause; 4) error in giving the hammer instruction, MAI-CR2d 1.10, after…