State v. Place

The opinion of the court was delivered by

Stiles, J.

The information against appellant stated facts sufficient to constitute an offense under Penal Code, § 22. It is true that the crime against nature punishable as a felony at common law (1 Bishop’s Crim. Law, § 503), is not so punishable in this state, because no penalty has been fixed by statute. But under Code of 1881, § 782, all common law crimes were indictable, and we think the change of the phraseology of the section made by the legislature of 1891 (CodeProc., § 1185), does not restrict the meaning of the section to the jurisdiction of…