Johnston v. State

418 S.W.2d 522 (1967)

J. J. JOHNSTON, Appellant,

v.

The STATE of Texas, Appellee.

No. 40355.

Court of Criminal Appeals of Texas.

June 28, 1967.

Rehearing Denied October 4, 1967.

Cox & Hurt, by Joe L. Cox, Plainview, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 12 years.

The indictment alleged that on or about the 5th day of February, 1966, appellant used his mouth on the sexual parts of one Graham for the purpose of having carnal copulation.

The state's evidence reflects that appellant committed the act as…