Borolos v. State

Appellant was convicted of the crime of sodomy. Ovérruling his motion for a new trial is assigned as error, under which assignment, he complains of the admission of certain evidence, and insists that the verdict is not sustained by sufficient evidence.

The affidavit was sworn to on March 17, 1923, and charged the commission of the alleged offense “on or about the 7th day of March, 1923”, and the cause was tried by the court, without a jury, on April 3, following. The prosecuting witness testified that he first met defendant (appellant) “before September, 1922”, that the crime was perpetrated…