State v. Holbrook

Stafford, J. †

Defendant Holbrook was convicted on a charge of sodomy in six counts committed upon four boys ranging in age from 12 to 17. The facts leading up to the commission of the crime are not in serious dispute.

The four boys recounted the essential facts in support of the elements of each crime. Each boy related his own personal involvement and each told of seeing the defendant commit sodomy upon the others. On the other hand, the defendant and his mother testified that no acts of sodomy were committed.

The defendant assigns as error the trial court’s failure to dismiss the action or in…