Howard v. Commonwealth

Tried by the court without a jury on an indictment charging him with attempted sodomy, Larry D. Howard was convicted of taking indecent liberties with a child in violation of Code § 18.2-370 and sentenced to serve three years in the State penitentiary. On appeal, he contends that the trial court erred in overruling his motion to quash the indictment for failure to allege an offense, and in convicting him of a crime which, he insists, is not a lesser offense included under the indictment charging attempted sodomy.

The indictment, citing Code §§ 18.2-26 and 18.2-361, charged that Howard on or…