Dutzler v. State

The defendant Dutzler was convicted of the crime defined by section 4651, Revised Code of 1928, described by the medical term of fellatio. He has appealed, and among other errors assigns that the court erred in denying his motion for an instructed verdict on the ground of insufficient evidence to take the case 'to the jury. There is no evidence of the act other than that of the boy who par ticipated in the act with defendant. Under section 4491, Id., all persons concerned in the commission of a crime, whether they directly commit it or aid and abet in its commission, except children under 14…