State v. George

Defendant is charged with having attempted to commit the crime of sodomy. The charging part of the information is that he “unlawfully and feloniously did attempt to carnally know one . . ., a living human being, by the anus.” When the case was called for trial, defendant demurred ore terms, and objected to the introduction of any evidence on the ground that “the information does not state facts sufficient to constitute a crime.” This objection was overruled by the court. It was renewed upon a motion in arrest of judgment. The state contends that the objection came too late, citing State v.…