Howard v. State

Thompson, Justice.

The question for decision in this appeal is whether Powell v. State,1 which struck down the sodomy statute insofar as it applies to private, non-commercial acts between consenting adults,2 impliedly struck down the solicitation of sodomy statute.3 We hold that it did not.

The victim, a waitress, was cleaning the men’s room of a restaurant when defendant Howard entered. The waitress told Howard that she was cleaning the restroom but would be finished in a few minutes. Howard turned, locked the door, “and would not let [the waitress] out.” Howard told the waitress that “he knew…