People v. Hodgkin
Michigan Supreme Court
Error to Sanilac. (Beach, J.) Respondent was convicted of the crime of sodomy, and sentenced to the State House of Correction at Ionia for three years. The facts are stated in the opinion.
1Opinion of the CourtMontgomery, J.
The respondent was informed against under section 9393, How. Stat., and convicted of the crime of sodomy. The circuit judge instructed the jury that the evidence of the offense was complete upon proof of penetration only. The defendant assigns error upon this *28instruction, which assignment presents the only question which we deem it necessary to consider.
The statute does not, in terms, define what shall constitute the offense. There has been some disagreement in the cases upon the question of whether proof of emission is necessary to establish the offense at the common law, the two offenses of…
2Cases cited3 opinions
- Comstock v. StateNebraska Supreme Court · 1883
- State v. SlaughterSupreme Court of Missouri · 1879
- Pennsylvania v. Sullivan, Pennsylvania Court of Common Pleas, Washington County1793
3Cited by8 opinions
- People v. DexterMichigan Court of Appeals · 1975
- People v. SchmittMichigan Supreme Court · 1936
- State v. McGruderSupreme Court of Iowa · 1904
- People v. SinghCalifornia Court of Appeal · 1923
- State v. MasseyNew Mexico Supreme Court · 1954
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