State v. Smith

SIMON, Judge.

Defendant, Michael Smith, a/k/a Sebek-hu Smith, was found guilty of sodomy, i.e., having deviate sexual intercourse with complainant, a person to whom he was not married, without her consent and with the use of forcible compulsion, in violation of § 566.060 RSMo 1978, a class B felony. (All further references shall be to RSMo 1978 unless otherwise noted.) Following a trial by judge in the St. Louis County Circuit Court, the defendant was sentenced to fifteen years.

On appeal, the defendant contends the trial court erred in: (1) overruling his motion for judgment of acquittal since…