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STATE v. SMITH

No. 13893.

694 S.W.2d 901 (1985)

STATE of Missouri, Plaintiff-Respondent, v. David Lowell SMITH, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

July 23, 1985.

Attorney(s) appearing for the Case

David A. Geisler, Springfield, for defendant-appellant.

William L. Webster, Atty. Gen., T. Chad Farris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

GREENE, Judge.

Defendant, David Lowell Smith, was charged by information with the class C felony of deviate sexual assault in the first degree, § 566.070.1 He was jury-convicted and punishment was assessed at one year.

Specifics of the charge were that in September of 1983, Smith had deviate sexual intercourse with T.G.B., a 14 year old boy. Deviate sexual intercourse is defined by § 566.010, subd. 1(2) as "any sexual...

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