State v. Putman

OPINION

■ WOOD, Judge.

By Count II of the information, defendant was accused of sodomy. The information was supplemented by a bill of particulars. The trial court sustained defendant’s motion to quash on the ground that the acts alleged did not constitute sodomy. The State appeals under § 21-2-1(5) (4), N.M.S.A. 1953.

The crime of sodomy is defined in § 40A-9-6, N.M.S.A. 1953. The portion of the statute applicable here reads:

“Sodomy consists of a person intentionally taking into his or her mouth or anus the sexual organ of any other person

The information charges:

“ * * * that said defendant did…