Harvey v. State
Court of Criminal Appeals of Texas
Leaving out the formal parts of the indictment, the same alleged that the defendant did unlawfully, wickedly, diabolically, and against the order of nature, have a venereal affair with .............. a woman, and did carnally lmow the said .......... in the vagina of her the said ............ by then and there casting her the said ........ in her vagina with the mouth of him the said ........ and thereby and therewith penetrating the vagina of her the said ........ and did…
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Leaving out the formal parts of the indictment, the same alleged that the defendant did unlawfully, wickedly, diabolically, and against the order of nature, have a venereal affair with .............. a woman, and did carnally lmow the said .......... in the vagina of her the said ............ by then and there casting her the said ........ in her vagina with the mouth of him the said ........ and thereby and therewith penetrating the vagina of her the said ........ and did then and there commit and perpetrate against the order of nature the abominable and detestable crime of sodomy, against…
1Opinion of the Court
RAMSEY, Judge.
The appellant appeals from a conviction in the court below, charged with sodomy.
The charge is too horrible to contemplate, and too revolting to discuss. We think the indictment does not charge an offense against the laws of this State. Almost this identical .question was discussed and decided in the ease of Lewis v. State, 35 S. W. Rep., 372. A similar transaction was held not to be sodomy under the statute in the case of Prindle v. State, 31 Texas Crim. Rep., 551. We think that some legislation should be enacted covering these unnatural crimes.
For the reason that no offense is…
2Cases cited2 opinions
- Prindle v. StateCourt of Criminal Appeals of Texas · 1893
- Lewis v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by12 opinions
- Pruett v. StateCourt of Criminal Appeals of Texas · 1970
- Kinnan v. StateNebraska Supreme Court · 1910
- Baker v. WadeDistrict Court, N.D. Texas · 1982
- State v. JohnsonUtah Supreme Court · 1913
- State v. WellmanSupreme Court of Missouri · 1913
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