State v. Nelson

Julius J. Olson, Justice.

Defendant appeals from an order denying Ms motion for a new trial and from the judgment convicting him of the crime of sodomy.

The information charged that defendant, at a stated time arid place, “did wilfully, unlawfully, and feloniously carnally know a male person, to-wit: [naming individual] by and with the mouth, against the form of the statute,” etc. That the evidence abundantly establishes defendant’s commission of the crime charged in the information cannot be doubted by anyone who will take the time to read the record. Rather and only, we think, the question is…