State v. Gill

GAITAN, Presiding Judge.

Appellant, Michael Wayne Gill, appeals his conviction for sexual abuse in the first degree, Mo.Rev.Stat. § 566.100 (1986), for which he received a four year sentence. He alleges the trial court erred by: (1) refusing to give an instruction on diminished mental capacity; (2) permitting evidence of a statement made by appellant in violation of his Miranda rights; and (3) admitting hearsay evidence. We affirm.

Appellant’s sister, Bobby Gill, babysat J.H., who was four years old on August 29, 1988. When J.H.’s mother, Robin, picked J.H. up on the night of August 30, she…