State v. Dietz

MR. JUSTICE ADAIR:

I dissent.

By amended information filed January 17, 1958, the county attorney of Lewis and Clark County, Montana, charged that on November 8, 1957, in that county the defendant, John Benjamin Dietz, “being a person over the age of eighteen years, did wilfully, unlawfully * * * and feloniously * * * then and there commit the mfamous crime against nature *503upon the person and body of [a named boy of the age of nine years] by then and there forcibly inserting the penis * * * into the mouth of” the boy named. The information charged that theretofore the defendant had suffered…