State v. . Fenner
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at November Term, 1913, of Halifax. This is an indictment charging the defendant with the crime against nature, in that he had carnal knowledge of a male person. The evidence tends to prove an attempt on the part of the defendant by inserting his private parts in the mouth of the male. There was a special verdict which consists in a recital of the evidence, which the jury finds to be true.
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Appeal by defendant from Peebles, J., at November Term, 1913, of Halifax. This is an indictment charging the defendant with the crime against nature, in that he had carnal knowledge of a male person. The evidence tends to prove an attempt on the part of the defendant by inserting his private parts in the mouth of the male. There was a special verdict which consists in a recital of the evidence, which the jury finds to be true. His Honor held that the defendant was not guilty, and the State appealed.
1Opinion of the CourtAlleN, J.
In the 'early English case of Rex v. Jacobs, Russell and Ryan’s Crown Oases, 331, it was held that inserting the private parts in the mouth was not sodomy, and most of the text-writers, relying on that authority, so declare. The courts of California and Texas also follow this statement of the law. People v. Boyd, 116 Cal., 658; Prindle v. State, 31 Tex. Cr. R., 551.
The term sodomy is not used in our statute, but the crime denounced by section 3349 of the Revisal is the “crime against nature,” which are words of broader import, and are sufficiently comprehensive to include the conduct of the…
2Cases cited4 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Prindle v. StateCourt of Criminal Appeals of Texas · 1893
- State v. . McCloudSupreme Court of North Carolina · 1909
- State v. . WattsSupreme Court of North Carolina · 1849
3Cited by20 opinions
- State v. JoynerSupreme Court of North Carolina · 1978
- State v. WhittemoreSupreme Court of North Carolina · 1961
- State v. LudlumSupreme Court of North Carolina · 1981
- State v. . DickSupreme Court of North Carolina · 1864
- State v. HarwardSupreme Court of North Carolina · 1965
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