State v. Jones

REINHARD, Judge.

Defendant was convicted by a jury of the charge of sodomy in violation of § 563.230, RSMo 1969. The court assessed punishment under the Second Offender Act at 35 years imprisonment. Defendant appeals raising only one issue claiming that the trial *741court erred in failing to submit his requested identification instruction.

The state’s primary witness was the victim, a thirty-one year old woman. The victim recalled the details of her attack which occurred around 11:00 a. m. on September 19, 1978. She was jogging on the bicycle path in Forest Park along the area that runs next to…