Legal Opinion

State v. Smith

Supreme Court of Missouri

Decided January 19, 1897PublishedCited by 5 opinions

Appeal from St. Louis Criminal Court. — Hon. Thomas B. Harvey, Judge. (1) The crime of sodomy can only be^perpetrated upon one particular part of the body, to wit, the anus, and it must be charged that the attempt was made upon that part of the body. To unbutton the trousers and expose the bare body and lie upon the bare body, does not constitute the offense of attempt at sodomy.

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Appeal from St. Louis Criminal Court. — Hon. Thomas B. Harvey, Judge. (1) The crime of sodomy can only be^perpetrated upon one particular part of the body, to wit, the anus, and it must be charged that the attempt was made upon that part of the body. To unbutton the trousers and expose the bare body and lie upon the bare body, does not constitute the offense of attempt at sodomy. Criminal Defenses, p. 103; B. v. Jacobs, R. & R. 331. (2) The evidence is insufficient to sustain the conviction. (1) The name of the witness Gilmore did not appear on the back of the indictment, still this did not…

1Opinion of the CourtGantt, P. J.

The appellant was indicted at the July term, 1895, of the St. Louis criminal court for an attempt to commit and perpetrate the crime of sodomy or buggery. He moved to quash the indictment as insufficient, but his motion was overruled. At the October term, 1895, he was put upon his trial and convicted. His motions in arrest and for new trial were overruled, and in accordance with the verdict he was sentenced to the penitentiary.

I. íhe indictment is entirely sufficient. It follows the long approved precedents of the common law. Archbold’s Crim. Prac. & Plead., Pomeroy’s Notes [8 Ed.], p. 1017.…

2Cited by5 opinions

  1. State v. TrejoNew Mexico Court of Appeals · 1972
  2. Burttschell v. SheppardTexas Supreme Court · 1934
  3. State v. TateSupreme Court of Missouri · 1900
  4. People v. BarberCalifornia Court of Appeal · 1934
  5. State v. TrejoNew Mexico Court of Appeals · 1972

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