Where a defendant challenged his first-degree rape conviction and the trial court’s restriction of his cross-examination of a witness, the evidence was sufficient to show that the victim was incapacitated at the time of sexual intercourse to support the conviction, and the confrontation clause did not require the trial court to permit the defendant to cross-examine a witness about his own sexual encounter with the victim for impeachment purposes, so the judgment is affirmed because the defendant’s remaining evidentiary challenges also failed.
Judgment is affirmed.
State v. Campbell (MLW No. 74532/Case No. WD82209 – 24 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Boone County, Harris, J. (Daniel N. McPherson, Jefferson City, for respondent) (Elizabeth U. Carlyle, Kansas City, Missouri, for appellant).