State v. Smith

GREENE, Judge.

Defendant, David Lowell Smith, was charged by information with the class C felony of deviate sexual assault in the first degree, § 566.070. 1 He was jury-convicted and punishment was assessed at one year.

Specifics of the charge were that in September of 1983, Smith had deviate sexual intercourse with T.G.B., a 14 year old boy. Deviate sexual intercourse is defined by § 566.010, subd. 1(2) as “any sexual act involving the genitals of one person and the mouth, tongue, hand, or anus of another person.”

At trial, T.G.B. testified that one morning Smith got in bed with him and…