State v. Thomas

In a trial to a jury, the appéllant was convicted on each of two counts of an information charging him with the crime of sodomy. His motion for a new trial was denied. He has appealed from the judgment and sentence entered on the verdicts. As the appellant does not question the sufficiency of the evidence to sustain the verdicts, the circumstances of the offenses will not be stated except in connection with the discussion of the assignments of error.

The governing statute, Laws of 1937, chapter 74, p. 322, § 3, Rem. Rev. Stat. (Sup.), § 2456 [P. C. § 8768], provides that, when an act of sodomy…