State v. Moseley

CLARK, Chief Judge.

James Allen Moseley was convicted by a jury of the offense of sexual abuse in the first degree and sentenced to a term of ninety days in the county jail. For the reasons hereafter given, we reverse the conviction and order appellant discharged.

Appellant is the father of two girls who were age four and eight at the time of the alleged offense. The charge brought against Moseley by information was for the crime of sodomy. Section 566.060, RSMo. 1986. The information alleged that between February 8, 1985 and March 2,1985, Moseley had deviate sexual intercourse with the younger…