State v. Montgomery

A jury convicted defendant of sodomy in violation of § 566.060 RSMo Supp.1993. Defendant appeals the judgment entered on his conviction. We reverse and remand.

Defendant was charged by information with two counts of sodomy. The first count alleged defendant committed sodomy between March 14, 1991 and March 20, 1991 and the second count alleged defendant committed sodomy on July 6, 1991. In both counts defendant was charged with having deviate sexual intercourse with J.M.B., to whom defendant was not married and who was then less than fourteen years old.

J.M.B. was born July 6, 1978. In March,…