Taurasi v. State

The appellant was convicted on an indictment charging him with an attempt to commit sodomy, and was sentenced to the penitentiary for a term of five years, from which judgment he appeals.

The indictment is predicated upon Section 2017, Mississippi Code of 1942, which is, in part, as follows: “Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall

*332 The appellant first.argues that the demurrer to the indictment should have been…