State v. Howes

Defendant was charged in a two-count indictment with committing (1) first degree sodomy and (2) attempted rape. Both acts were alleged to have been committed on the same female victim.

Defendant entered a plea of not guilty by reason of insanity to both counts. He" was convicted on both after a jury trial.

The trial judge sentenced defendant to serve a term of 20 years on the first count and 10 years on the second, to be served consecutively. Defendant appeals contending that the trial court erred:(1) In refusing to grant a new trial on the ground that “defendant’s attorney should have been…