Judgment insofar as it convicts appellant of sodomy in the first degree, under the first count of the indictment against him, reversed on the law and the facts, action severed as to such count of the indictment, and a new trial ordered.
In view of the equivocal nature of the testimony by the infant complainant, who was not sworn, and by the witness Kiel, who was called by the People to support the testimony of the infant complainant, it is our opinion that the evidence...
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