Fennell v. State

This was an indictment, as if at the common law, for the crime of sodomy. A motion was made in the court below to quash the indictment. The motion was overruled by the court, and this is assigned as error.

The third article of the general provisions of the Criminal Code, Paschal’s Digest, Art. 1605, declares that, “in order that the system of penal law in force in this State may be complete within itself, and that no system of foreign laws, written or unwritten, may be appealed to, it is declared that no person shall be punished for any act or omission as a penal oifense, unless the same is…