Slusser v. State

ON MOTION FOR REHEARING.

WOODLEY, Judge.

The appeal having been reinstated, the opinion reversing the judgment of the trial court and ordering the prosecution dismissed is withdrawn, and the following substituted therefor.

Appellant was convicted of the offense of sodomy under the provisions of Art. 524, Vernon’s Ann. P.C., the indictment charging the offense under that portion of the article which provides that whoever “shall voluntarily permit the use of his own sexual parts in a lewd or lascivious manner by any minor, shall be guilty of sodomy.”

Appellant assigns as reversible error:(1) The…