Judgment of conviction reversed on the law and facts and indictment dismissed.
Memorandum:
The defendant was indicted on one count of kidnapping, one count of assault and two counts of sodomy in the first degree. The Trial Judge submitted kidnapping, assault and both counts of sodomy first degree to the jury and also submitted sodomy in the second degree upon the erroneous theory that sodomy second was an "included crime" or a "degree inferior" to the charge...
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