State v. Higgins

MONTGOMERY, Presiding Judge.

Martin John Higgins (Defendant) waived jury trial and, upon trial by court, was found guilty of the class B felony of sodomy, in violation of § 566.060. 1 He was sentenced to three years’ imprisonment and now brings this appeal.

The information charged in pertinent part that on or about August 17, 1990, Defendant had deviate sexual intercourse with C.H. who was then less than fourteen years of age and to whom Defendant was not married. Defendant is the paternal grandfather of C.H.

C.H. was eleven years old at the time she testified at trial and was nine years of age…