Legal Opinion

State v. Altwatter

Idaho Supreme Court

Decided May 9, 1916PublishedCited by 35 opinions

APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Defendant was convicted of the infamous crime against nature. “A penetration of the mouth is not sodomy.” (2 Bishop’s Crim. Law, pp. 1193, 1194; Russell on Crimes, p. 693; Wharton’s Criminal Law, pp. 575-579; McClain’s Crim. Law, p. 1153; Prindle v. State, 31 Tex. Cr. 551, 37 Am. St. 833, 21 S. W. 360; Mitchell v. State, 49 Tex.

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1Per curiam

The appellant was charged by information of the prosecuting attorney of Shoshone county, under sec. 6810, Rev. Codes, with the “infamous crime against nature” committed per os. Upon this charge he was tried, convicted and sentenced to the state penitentiary for a term of not less than five years. From the judgment he appeals to this court, and assigns a number of errors committed by the trial court, all of which will be discussed seriatim.

The first and principal contention of appellant is that the information does not state facts sufficient to constitute a public offense because, first, the…

2Cases cited11 opinions

Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
State v. DuffSupreme Court of Iowa · 1909
State v. EanSupreme Court of Iowa · 1894
State v. WhitmarshSouth Dakota Supreme Court · 1910
People v. PhippsCalifornia Supreme Court · 1870

6 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

State v. PierceIdaho Court of Appeals · 1984
State v. GonzalesIdaho Supreme Court · 1968
State v. PlathSupreme Court of South Carolina · 1981
State v. DavidsonIdaho Supreme Court · 1957
State v. FarnsworthIdaho Supreme Court · 1932

30 more not listed; retrieve them via the Exa API.