People v. Masten

I must respectfully dissent from the opinion of my colleagues. The majority opinion fails to adequately1 address defendant’s claim that the statute under which he was charged is inapplicable to the facts of his case as established at trial. Careful consideration of this issue convinces me that defendant’s conviction must be reversed.

The statute under which defendant was charged and convicted reads in part:

"Any male person who, in public or in private, commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency…