State v. Berry

MANFORD, Judge.

This is a direct appeal from a jury conviction for sodomy in violation of § 566.060, RSMo 1978. The judgment is affirmed.

Appellant raises two points, which in summary charge the trial court erred (1) in admitting the testimony of the complaining witness concerning statements made to him by appellant while the two were in adjacent cells, because the conditions under which the statements were made denied appellant his right to counsel and the state intentionally created a situation likely to induce appellant to make incriminating statements; and (2) in refusing to allow…