State v. Copple

RONALD R. HOLLIGER, Presiding Judge.

Defendant John Wayne Copple was convicted of statutory rape1 by a jury in the Circuit Court of Caldwell County. He appeals the conviction, claiming the trial court erred: (1) in giving the jury the “hammer instruction”, MAI-CR3d 312.10, and (2) by misinterpreting, or misapplying, the state of mind exception to the hearsay rule. We affirm.

FACTS AND PROCEDURAL HISTORY

On May 22, 1999, 16-year old Kirsten and her sister were “cruising”2 with friends in Braymer, Missouri. When they stopped at the local car wash to talk, at approximately 11:00 f.m., Kirsten met…