State v. Long

BARNEY, Judge.

Joseph E. Long, Sr. (Defendant) was convicted by a jury of sodomy. See § 566.060, RSMo Cum.Supp.1993. He was sentenced to a term of fifteen years imprisonment in the Missouri Department of Corrections.

Defendant appeals and avers that the trial court erred in submitting Instruction Number 5 to the jury. He maintains that “it allowed for the return of a non-unanimous verdict ... in that the verdict director instructed the jury in the disjunctive that they must find the defendant ‘touched the genitals of [the victim], or put his penis in the anus of [the victim].’” In the argument…