State v. Statler

HYDE, Presiding Judge.

Defendant was found guilty of sodomy, per os, and his punishment assessed at 10 years in the penitentiary (Sec. 563.-230, statutory references are to RSMo, V.A.M.S.) and has appealed from the judgment and sentence entered. Defendant has filed no brief so we consider the assignments properly made in his motion for new trial. State v. Stehlin, Mo.Sup., 312 S.W.2d 838.

Defendant claims error in failing to sustain his motion for judgment of acquittal (assignments 5 and 6) but this is apparently based on his claim (assignment 1) that the boy who testified to the act of sodomy…