Tarrant v. State
Alabama Court of Appeals
Sodomy. Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Frank Tarrant was convicted of sodomy, and he appeals.
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Sodomy. Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Frank Tarrant was convicted of sodomy, and he appeals. The court erred in sustaining the general objection to the question propounded to witness Goldsby, as it was not patently illegal. — Pool v. Dams, 3G Ala. 672; Richards v. Best or, 90 Ala. 352. The witness was qualified to answer and should have been permitted to give his opinion. — 17 Cyc. 188, 294. The defendant ivas entitled to the general charge. — 6 Mayf. 105; Langford v. The State, 89 S. W. Rep. 830. The indictment bears no date of filing nor is it properly…
1Opinion of the CourtThomas, J.
The defendant was charged with and convicted- of the crime of sodomy or beastiality, the indictment alleging that he, “against the order of nature, carnally knew a certain beast, to wit, a cow.” — Code, § 6746.
While it is not necessary to a conviction for such offense that there should be any proof of emission (Code, § 6747), yet proof of penetration is required. It must, as in rape, be shown that the res was in the re, but to no particular depth. This, however, may be done, as in other cases, by circumstantial evidence, when positive proof is wanting.—Gross v. State, 17 Tex. App. 476; Bishop…
2Cases cited9 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Burton v. StateAlabama Court of Appeals · 1913
- Jones v. StateSupreme Court of Alabama · 1891
- Smith v. StateAlabama Court of Appeals · 1913
- Hutto v. StateSupreme Court of Alabama · 1910
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3Cited by9 opinions
- United States v. KellyDistrict Court, District of Columbia · 1954
- Brown v. StateAlabama Court of Appeals · 1945
- Hendrick v. StateCourt of Criminal Appeals of Alabama · 1979
- Horn v. StateCourt of Criminal Appeals of Alabama · 1973
- Wade v. StateCourt of Criminal Appeals of Alabama · 1984
4 more not listed; retrieve them via the Exa API.