Oliva v. State

OPINION

MORRISON, Judge.

Our prior opinion dismissing this appeal is withdrawn, since the record has now been corrected, and the following is substituted in lieu thereof.

The offense is sodomy; the punishment, eight (8) years.

The indictment alleged and the state’s evidence reflects that appellant had carnal copulation with a fellow prisoner in the Bexar County Jail, in his anus, the fellow prisoner submitting by reason of threats of bodily harm.

The contention that Art. 524, Vernon’s Ann.P.C., under which appellant was prosecuted and convicted, is void is overruled for the reasons stated in…