No. 18961.

876 S.W.2d 286 (1994)

STATE of Missouri, Plaintiff-Respondent, v. Mark A. FRANKENBERG, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

May 12, 1994.

Attorney(s) appearing for the Case

Douglas L. Levine, Ferguson, for defendant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

PARRISH, Chief Judge.

Mark A. Frankenberg (defendant) was found guilty, following a jury trial, of sodomy and sentenced to imprisonment for a term of 10 years. § 566.060.3, RSMo Supp.1990. Defendant appeals contending the trial court erred in giving MAI-CR 3d 310.12 as a jury instruction. This court reverses and remands the case for a new trial.

Defendant and his girlfriend (now his wife) were visiting her relatives in Salem, Missouri. They were staying...

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