Brown v. State

Deen, Presiding Judge.

The appellant, James Brown, was indicted for three counts of aggravated sodomy, three counts of sodomy, and five counts of sexual assault against persons in custody (SAAPIC), involving four different victims. Brown was found guilty of three counts of SAAPIC and one count of sodomy. The trial court directed a verdict of acquittal on one count of sodomy, because the evidence showed that the act occurred on a date different from that alleged in the indictment, under which the date was a material averment; the jury found Brown not guilty on the remainder of the charges. The…