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Criminal Law: Continuance – Denial – Child Molestation Case

Staff Report//February 3, 2009//

Criminal Law: Continuance – Denial – Child Molestation Case

Staff Report//February 3, 2009//

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Where a defendant convicted of child molestation claimed he needed additional time to investigate the possibility that his stepfather committed the offense, the defendant had known for two years of the stepfather’s presence at the scene of the offense and more recently acquired information would not have been admissible at trial, so the trial court did not abuse its discretion in denying the defendant’s motion for a continuance.

Judgment is affirmed.

State v. Castro (MLW No. 58561/Case No. SD29000 – 7 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Jasper County, Mouton, J. (Nancy A. McKerrow, Columbia, for appellant) (James B. Farnsworth, Jefferson City, for respondent).

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