Burge v. State

Townsend, Presiding Judge.

1. Sodomy is defined in Code § 26-5901. Code § 26-5902 provides: “The punishment of sodomy shall be'hs follows: (a) Where committed on a person under the age of 16 years, .a sentence to the penitentiary for not less than 10 years nor more than 30 years; (b) Where committed on a person 16 years or more, by sentence to the penitentiary -lor not less than one year nor more than 10 years; (c) Where previous conviction or plea of guilty of the offense of sodomy is alleged in the indictment and proven on the'trial, by sentence to the penitentiary for not less than ,,10 nor…