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STATE v. GRAHAM

No. ED 83794.

149 S.W.3d 465 (2004)

STATE of Missouri, Appellant, v. Thomas GRAHAM, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied November 4, 2004.

Application for Transfer Denied December 21, 2004.

Attorney(s) appearing for the Case

Edmund Postawko, St. Louis, MO, for appellant.

J. Christian Goeke, Arthur S. Margulis, St. Louis, MO, for respondent.

Before CLIFFORD H. AHRENS, P.J., WILLIAM H. CRANDALL JR., J., and LAWRENCE E. MOONEY, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 4, 2004.

PER CURIAM.

The State of Missouri ("State") appeals from the judgment of the trial court sustaining Thomas Graham's ("Graham") motion to dismiss the indictment against him for sodomy under section 563.230 RSMo 1969 based on the expiration of the statute of limitations.1 State contends that the trial court erred in dismissing the indictment because there...

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