State v. King

SATZ, Judge.

Defendant was convicted by a jury of sodomy and assault to do great bodily harm without malice aforethought. In accord with the jury’s assessment of punishment, the trial court imposed a seven year sentence against defendant on the sodomy charge and imposed a four year sentence against him on the assault charge.

On appeal, defendant contends the trial court erred by: (1) denying his motion for judgment of acquittal at the close of all the evidence; (2) admitting proof of another crime into evidence; (3) failing to require the state to elect either the sodomy or assault charge for…