State v. King

DALTON, Judge.

Defendant was convicted of molesting a minor and sentenced to imprisonment in the state penitentiary for a period of two years. Section 563.160 RSMo 1949, V.A.M.S. He has appealed and, first, assigns error on the court’s action in overruling his motion to dismiss on the ground that the statute upon which the prosecution is based is unconstitutional.

The original information contained two counts. The first count charged an attempt to commit the offense commonly referred to as “statutory rape.” See Section 559.260 and Section 556.150 RSMo 1949, V.A.M.S. The second count (with the…