State v. Robertson

*632WARREN, J.

Defendant was indicted for sodomy in the first degree and coercion in compelling another person to engage in deviate sexual intercourse. Defendant demurred to the second count of the indictment (coercion) on the ground that the indictment and the statute were unconstitutionally vague. In written memoranda the additional contention was made that the statute was unconstitutionally broad. The trial judge signed an order which sustained the demurrer, and the state appeals from that order.1 We reverse and remand for trial.

The second count of the indictment is as follows:

"And as part of…