Kemp v. State

OPINION

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 15 years.

The indictment alleged that on or about May 21, 1967, appellant committed the act of sodomy by using his mouth on the sexual parts of the complaining witness, Williams, age 16, for the purpose of having carnal copulation.

As applied to the allegation of the indictment, Art. 524, V.A.P.C. is not unconstitutional. Pruett v. State, No. 43, 193, 463 S.W.2d 191, decided November 25, 1970.

The record reveals that two weeks prior to the date of the offense, Williams and a 14 year old companion, Neil, visited with appellant…