State v. Guerin
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. O. F. Guerin, charged with the commission of the infamous crime against nature, interposed a general demurrer, which was sustained. The state appealed. Citing Uonselman v. People, 168 111. 172, 48 N. E. 304; Kelly v. People, 192 111. 119, 85 Am.
Read the full summary
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. O. F. Guerin, charged with the commission of the infamous crime against nature, interposed a general demurrer, which was sustained. The state appealed. Citing Uonselman v. People, 168 111. 172, 48 N. E. 304; Kelly v. People, 192 111. 119, 85 Am. St. Rep. 323, 61 N. E. 425; Means v. State, 125 Wis. 650,104 N. W. 815; State v. McGruder, 125 Iowa, 741, 101 N. W. 646; Commonwealth v. Dill, 160 Mass. 536, 36 N. E. 472. In Prindle v. State, 31 Tex. Cr. 551, 37 Am. St. Rep. 833, 21 S. W. 360, the supreme court appears to hold…
1Opinion of the CourtChief Justice Brantly
To an information charging him with the offense denounced by the statute as the infamous crime against nature, the defendant interposed a general demurrer which the court sustained. Thereupon judgment was rendered dismissing the prosecution.. The state has appealed.
"We shall not set forth the charge in detail. It suffices for [1] present purposes to state that it alleges that the defendant committed the offense by taking into his mouth by force the private member of another male person. The learned district judge was of the opinion that such an act is not within the meaning of the statute. It…
2Cases cited8 opinions
- Honselman v. PeopleIllinois Supreme Court · 1897
- Herring v. StateSupreme Court of Georgia · 1904
- Kelly v. PeopleIllinois Supreme Court · 1901
- Kinnan v. StateNebraska Supreme Court · 1910
- State v. WhitmarshSouth Dakota Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. KeckonenMontana Supreme Court · 1938
- Koontz v. the PeopleSupreme Court of Colorado · 1927
- State v. CyrSupreme Judicial Court of Maine · 1938
- Connell v. StateIndiana Supreme Court · 1939
- State v. HeastonMontana Supreme Court · 1939
10 more not listed; retrieve them via the Exa API.