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STATE v. EMMETT

No. 910077.

839 P.2d 781 (1992)

STATE of Utah, Plaintiff and Appellee, v. James Lloyd EMMETT, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied July 7, 1992.

Attorney(s) appearing for the Case

R. Paul Van Dam, Sandra L. Sjogren, Salt Lake City, for plaintiff and appellee.

Gary W. Pendleton, St. George, for defendant and appellant.

AMENDED OPINION

HALL, Chief Justice:

Defendant James Lloyd Emmett appeals his conviction of sodomy upon a child.1 We reverse and remand for a new trial.

On August 28, 1991, Emmett was brought to trial on the charges that he sodomized and, in a separate incident, sexually abused his five-year-old son. The only direct evidence of sodomy came from the testimony of the alleged victim, who stated that his father had "put his...

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