State v. Smoot
Missouri Court of Appeals
1Opinion of the Court
REINHARD, Judge.
Defendant appeals his conviction of attempted sodomy, § 564.011, RSMo 1986, and § 566.060, RSMo Supp.1990. He was sentenced, in accordance with the jury’s assessment, to serve a term of five years’ imprisonment.1 We reverse and remand for a new trial.
The evidence reveals that on August 3, 1991, defendant accosted victim in an alley. Victim, who was 13 years old at the time of the incident, testified that defendant took him behind a dumpster and put his “wee wee” in victim’s “booty”. The incident was witnessed by Audrey Watkins and her brother. Ms. Watkins testified at trial…
2Cases cited6 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Rose v. ClarkSupreme Court of the United States · 1986
- Francis v. FranklinSupreme Court of the United States · 1985
- State v. ErwinSupreme Court of Missouri · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. RollinsMissouri Court of Appeals · 1994
- Christopher L. Carroll v. Dora B. Schriro, Director, Department of Corrections Jeremiah (Jay) W. Nixon, Attorney General of the State of MissouriCourt of Appeals for the Eighth Circuit · 2001
- State v. PointerMissouri Court of Appeals · 1994
- State v. FanningMissouri Court of Appeals · 1994
- Christopher Carroll v. Dora SchriroCourt of Appeals for the Eighth Circuit · 2001