State v. Russell

MONTGOMERY, Judge.

A jury found Randall Dean Russell (Defendant) guilty on two counts of sodomy, under § 566.060. 1 He appeals, claiming trial court error in allowing the jury to consider certain in-court and out-of-court testimonial evidence. We affirm in part, reverse in part and remand for new trial.

Defendant was living with a young mother and her three children 2 when the middle child (R.H.), a boy, told his mother that Defendant had been engaging in some sort of sexual activity with him. That was in the summer of 1991, when the boy was three years old. The mother did nothing about the…