State v. Hopfe

Thomas Gallagher, Justice.

Defendant appeals from a judgment entered January 23, 1956, convicting him of the crime of sodomy. The offense for which he was convicted was committed with one Robert on April 15,1955. Robert was then of the age of 15 years.

On appeal it is defendant’s contention that the trial court erred (1) in refusing to instruct the jury that as a matter of law one Terrence, age 14 years, and a witness for the state, was an accomplice in the commission of the crime with which defendant was charged; (2) in refusing to instruct the jury that, if it found Terrence to be an…