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Criminal Law: Jury Instructions-Child Abuse-Prior Bad Acts

Staff Report//October 13, 2023//

Criminal Law: Jury Instructions-Child Abuse-Prior Bad Acts

Staff Report//October 13, 2023//

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Where a defendant challenged his conviction in a child abuse case, the defendant did not show that any of the jury instructions were erroneous, and the trial court did not abuse its discretion in allowing into evidence rebuttal testimony regarding a prior bad act by the defendant since the limited testimony was admitted to show that the defendant was not engaging in reasonable discipline with the child victim but was acting in frustration as he had previously done with another child.

Judgment is affirmed.

State v. Aldana (MLW No. 80612/Case No. WD85526 – 21 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Ray County, Miller, J. (Kristen Shively Johnson, Jefferson City, for respondent) (James Roy Brown, Kearney, for appellant).

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