Phillips v. Commonwealth

William V. Phillips and Charles R. Campbell were separately indicted under § 18-98, Code 1950, for the crime of sodomy, each being charged with having committed the offense upon the other. They pleaded not guilty and consented to be tried together. A verdict of guilty was returned by the jury against each accused and punishment fixed at two years’ confinement in the penitentiary. Each moved the court to set aside the verdict as contrary to the law and evidence and without evidence to support it. Their motions were overruled and from judgments confirming the verdicts, they appealed.

The…