Wilkins v. People

The plaintiff in error was convicted of the crime of sodomy. Three points are argued:

1. The claim is made that the information stated two offenses, one simple assault, and the other the crime of which the prisoner was convicted, and that the court erred in denying the motion of the defendant to compel the people to elect on which of the two charges they would proceed.

The information states but one offense. It is in the usual form of such instruments, e. g. of an ordinary indictment for murder and, we believe, for all crimes against the person; it charges first an assault and then, by stating…