United States v. Fleming

HOOD, Chief Judge:

Appellee was originally brought into court on a charge of sodomy. 1 At the preliminary hearing the sodomy complaint was nol-prossed. 2 Thereupon an information was filed charging that appellant did “attempt to commit the act of Oral Sodomy on the person of Norman J. Landry, an adult male.” Appellee pleaded not guilty and demanded trial by jury. Later he moved to dismiss the information “for insufficiency in that it did not allege an overt act.” This motion was granted, and with consent of the court an amended information was filed. This last information charged that appellee…