State v. Applegate

HOGAN, Judge.

By two-count information, defendant Lex Ray Applegate was charged with second-degree murder, as defined and denounced by § 565.004, RSMo 1978, 1 and with sodomy, as defined and denounced by § 566.-060. The victim was one Donald Eugene Medley, a male child about 2½ years of age. At the defendant’s request and with the trial court’s consent, trial was had to the court without the aid of a jury. The court found the defendant guilty of second-degree murder as charged in Count I of the information and assessed his punishment at imprisonment for a term of 99 years; the court further…