Commonwealth v. Burkett

Griffith, J.,

Defendants were tried separately and convicted of the crime of sodomy on the testimony of eye witnesses to their mutual act of perversion. At their respective trials, each defendant moved to quash the indictment and now moves for discharge and in arrest of judgment on the sole ground that the act of perversion in which they were engaged according to the testimony adduced by the Commonwealth was cunnilingus and that such an act does not constitute the crime of sodomy under our criminal statute.

The issue of penetration was left to the jury and was established by circumstantial…