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STATE v. BOLEN

No. 51596.

731 S.W.2d 453 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Teron BOLEN, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied June 9, 1987.

Application to Transfer Denied July 14, 1987.

Attorney(s) appearing for the Case

Charles Clifford Schwartz, Shaw, Howlett & Schwartz, Clayton, for defendant-appellant.

William L. Webster, Atty. Gen., Colly Frissel-Durley, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

KAROHL, Judge.

Defendant was charged with sodomy, § 566.060 RSMo Cum Supp. 1984 and attempted sodomy, § 564.011 RSMo 1978. According to the state's evidence defendant committed an act of manual sodomy on M.H., a twelve year old male, and simultaneously made offers of money or concert tickets to M.H. in conjunction with a request for oral sodomy. This request was refused. The jury found defendant not guilty of the class "B" felony of sodomy. It found defendant...

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