Munoz v. State

HAWKINS, Judge.

Conviction is for sodomy, with punishment fixed at five years in the penitentiary.

The undisputed evidence shows that appellant performed the disgusting, abominable and nauseating act of using his mouth upon the person of one Meyers. •

The point is made that, however vile and detestable the act may have been, it does not come within the definition of “sodomy” as known to the common law and adopted by legislative enactment in our State. (Art. 524 P. C. [1925]). Such has been the uniform holding of this court. Prindle v. State, 31 Tex. Cr. R. 551, 21 S. W. 360, 37 Am. St. Rep. 833;…