People v. Barber

THE COURT.

The defendant was charged with an attempt to commit the infamous crime against nature, and has appealed from the judgment of conviction and an order denying his motion for a new trial. He claims that the evidence is insufficient to sustain the verdict.

The testimony shows without conflict that he placed his private parts between the thighs of a boy; that this continued several minutes and was accompanied by movements indicating an attempt to accomplish the crime. While the defendant and the boy testified that there was no penetration the circumstances not only tended to show the…