State v. Massey

FEDERICI, District Judge.

The decisive question in-' the cause at bar is whether emission is a necessary element of the crime of sodomy in this jurisdiction.

We have no statute defining the crime of sodomy. Our statute, § 41-704, N.M.Statutes 1941 Annotated, providing a penalty-only, reads:

“Every person convicted of the abominable crime of sodomy, committed either with human being or any animal, on conviction thereof, shall be imprisoned for not less than one (1) year, or fined in any sum not less than one thousand dollars ($1,000), or by both.”.This Court in Bennett v. Abram, 57 N.M. 28, 253…