People v. Henry

These are appeals from the dismissal of five indictments charging each of the defendants with the crime of sodomy in the first degree in violation of subdivision 5 of section 690 of the Penal Law. In each case, a demurrer to the indictment was allowed on the ground that the facts stated in the indictment did not constitute a crime. The language of the indictment in the case of People v. Henry is typical. It reads as follows:

“ The Grand Jury of the County of Onondaga by this indictment accuse Douglas Theodore Henry of the crime of Violation of § 690 (5) of the Penal Law of the State of New…