State v. Graham

RICHARD B. TEITELMAN, Judge.

Section 563.230, RSMo 1969, 1 provides that persons convicted of sodomy “shall be punished by imprisonment in the penitentiary not less than two years.” Section 541.190 provides that there is no statute of limitation on the prosecution of offenses “punishable with death or by imprisonment in the penitentiary during life....” The dispositive issue in this case is whether sodomy is an offense “punishable with death or by imprisonment in the penitentiary during life.... ”

FACTS

On December 17, 2002, a grand jury indicted Thomas Graham for sodomy based upon conduct that…