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1909 Sodomy Case

The State of Missouri v. Edward F. Clark, alias Francis

Supreme Court of Missouri, Divsion 2

June 8, 1909

PROCEDURAL POSTURE: Defendant appealed his conviction by the St. Louis City Circuit Court (Missouri) for attempt to commit sodomy.

OVERVIEW: Defendant was originally charged with sodomy of a 12 year old boy. Subsequently, he was convicted for attempt to commit sodomy. The court reversed and remanded defendant's conviction. The court found that the trial court erred when it instructed the jury on the crime of attempt. The court reasoned that the prosecution had established that defendant had completed the act and therefore an instruction on attempt was unwarranted by the evidence.

OUTCOME: The court reversed and remanded the case.

Source: 221 Mo. 391; 120 S.W. 21; 1909 Mo. LEXIS 145

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