White v. Commonwealth
Court of Appeals of Kentucky
Case 56 — ¡Prosecution against Coleman White fob -Sodomy. APPEAL FROM JEFFERSON CIRCUIT CO URT, CRIMINAL DIVISION. Defendant Convicted and Appeals. Sodomy — ¡Consummation of Offense — Necessity of Emission — Instruction- — Assault And Battery.
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Case 56 — ¡Prosecution against Coleman White fob -Sodomy. APPEAL FROM JEFFERSON CIRCUIT CO URT, CRIMINAL DIVISION. Defendant Convicted and Appeals. Sodomy — ¡Consummation of Offense — Necessity of Emission — Instruction- — Assault And Battery. We -rely on two- principal errors of the court fori a new trial. _ 1. Because the court refused to 'give the peremptory instruction! asked by appellant. 2. Because the court did not in its instructions, -define the offense charged, and failed to give an instruction covering the offense of assault and battery. We contend, that in order to constitute this…
1Opinion of the Court
Opinion oe the court by
CHIEF JUSTICE BURNAM
Aotítrming.
The appellant was convicted of the crime of sodomy, and his punishment fixed at two years’ confinement in the penitentiary.
We are asked upon this appeal to reverse the judgment rendered pursuant thereto on two grounds: First, because the testimony did not establish the guilt of the accused; and, second, because the court erred in not pointing out and advising the jury as to the specific acts that constitute the offense.
Every person of ordinary intelligence understands what is meant by a charge of sodomy, and the instructions given in this…
2Cited by6 opinions
- State v. McGruderSupreme Court of Iowa · 1904
- State v. NelsonSupreme Court of Minnesota · 1937
- Pueblo v. Gutiérrez PérezSupreme Court of Puerto Rico · 1950
- State v. MasseyNew Mexico Supreme Court · 1954
- People v. ColburnAppellate Division of the Supreme Court of the State of New York · 1914
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