People v. Boyle
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County and from an order denying a new trial. Wheaton A. Gbay, Judge. The carnal assault shown by the evidence was made by the defendant in the mouth of a boy and not per anum. Further facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
The defendant was convicted of a felony, technically designated in the information as an assault with intent to commit the infamous crime against nature. He appeals from the judgment and order denying his motion for a new trial. The facts of the case do not make out the offense of which the defendant has been convicted. It has been so held in at least two cases. (See Prindle v. State, 31 Tex. Crim. Rep. 551; 37 Am. St. Rep. 833; 1 Wharton on Criminal Law, sec. 575.)
Judgment and order reversed and cause remanded.
2Cited by20 opinions
- Glover v. StateIndiana Supreme Court · 1913
- Kinnan v. StateNebraska Supreme Court · 1910
- Koontz v. the PeopleSupreme Court of Colorado · 1927
- People v. SchmittMichigan Supreme Court · 1936
- State v. WhitmarshSouth Dakota Supreme Court · 1910
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