Johnston v. State

OPINION

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 12 years.

The indictment alleged that on or about the Sth day of February, 1966, appellant used his mouth on the sexual parts of one Graham for the purpose of having carnal copulation.

The state’s evidence reflects that appellant committed the act as charged in his apartment, in Plainview, upon Graham, a 16 year old boy, in the presence of 16 year old Easley and 17 year old Caddell.

At the time of the offense charged appellant, age 36, was Guidance Counselor in Plainview High School, he having begun such employment the first…