State v. Baker

BARRETT, Commissioner.

The appellant, Irby John Baker, has been found guilty of an offense under the statutes relating to rape, V.A.M.S. §§ 559.190, 559.260, and sentenced to three years’ imprisonment. As any reasonable jury could find, the fact was that on January 26, 1952, Baker, then aged sixty-two years, had sexual intercourse with Callista, age eight. With this simple fact and the innumerable precedents in similar circumstances it is not apparent how or why the case and this appeal became so perplexingly complicated.

The indictment charges that Baker “in and upon one Callista * * *…