State v. Graham

The State of Missouri (“State”) appeals from the judgment of the trial court sustaining Thomas Graham’s (“Graham”) motion to dismiss the indictment against him for sodomy under section 563.230 RSMo 1969 based on the expiration of the statute of limitations. 1 State contends that the trial court erred in dismissing the indictment because there is no statute of limitations for the 1969 sodomy statute. We reverse and remand.

On December 17, 2002, the grand jury indicted Graham on the felony charge of sodomy, in violation of section 563.230, for an act or acts that allegedly occurred on or between…