STATE v. SMOOT

No. 62396.

860 S.W.2d 799 (1993)

STATE of Missouri, Plaintiff/Respondent, v. Kenneth SMOOT, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied September 8, 1993.


Attorney(s) appearing for the Case

Susan K. Eckles, St. Louis, for defendant, appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff, respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 8, 1993.

REINHARD, Judge.

Defendant appeals his conviction of attempted sodomy, § 564.011, RSMo 1986, and § 566.060, RSMo Supp.1990. He was sentenced, in accordance with the jury's assessment, to serve a term of five years' imprisonment.1 We reverse and remand for a new trial.

The evidence reveals that on August 3, 1991, defendant accosted...

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