State v. Hurlbert

The opinion of the court was delivered by

Dawson, J.:

Defendant was convicted of the felony denounced in R. S. 21-907. The proof showed that defendant had committed this abomination with an eleven-year-old boy, serving alternately as actor and catamite, as Zeus and Ganymede.

The sole error urged is that the evidence which proved a penetration per os was not sufficient to sustain a conviction. It is argued that the statute is an inheritance of the common law, where carnal penetration per anum was the particular form of abomination which shocked the sensibilities of our forefathers and fell into…