Stover v. State

Gregory, Justice.

James Stover, Jr. was indicted for the offenses of aggravated sodomy and rape. He was convicted of sodomy as a lesser included offense of aggravated sodomy and sentenced to probation for a term of five years.

The evidence was in sharp conflict regarding the circumstances immediately surrounding the alleged sexual acts, but there was general agreement as to the events leading up to those acts. Stover and two male companions were riding about in a pick-up truck in the late afternoon or early evening hours. They happened upon Holly Marie Capes who was walking beside the roadway…