State v. Emmett

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 front private in my back private.” The child was not certain whether he was clothed during the incident, and he testified that he thought his father was clothed. There was no…