SPENSER A. FARR, Defendant- Missouri Cases

Spenser A. Farr appealed his convictions for three counts of first-degree statutory sodomy. He argued the trial court erred by refusing to instruct the jury on the nested, lesser-included offense of second-degree child molestation. The appellate court affirmed the convictions for counts 3 and 4, finding no prejudice because the age element was adequately tested by other instructions. However, the court reversed the conviction for count 5 and remanded for further proceedings, concluding that the age element for that count was not adequately tested, and thus the presumption of prejudice was not rebutted.