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Summerour v. State

The 10-year-old victim's testimony that she twice asked the defendant to stop because he was hurting her supported the jury's finding that the defendant forcibly sodomized her.

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A jury found Don Summerour guilty of aggravated sodomy, child molestation and statutory rape. He appeals from the convictions entered on the jury verdict. We affirm.

Viewed in a light most favorable to support the jury’s verdict, the evidence shows that in September of 1993, the ten- year-old victim joined a church youth group led by Summerour. Summerour held the victim’s hand, bought her presents, and kissed her on the mouth. From September 1993 through July 1994, Summerour made the victim play the “foot game.” During this game, Summerour removed the victim’s shoe, placed her foot on his genital area and rubbed his genital area with the child’s foot for a couple of minutes, causing his penis to become “harder.” Summerour showed the victim what appeared to be a gun and repeatedly threatened to kill himself if she told anyone about the “foot game.”

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