State v. Shively

David Shively was indicted by the Grand Jury of Jackson County and charged in three separate counts with the crime of sodomy. Trial by jury resulted in conviction on the first and third counts, the second count having been withdrawn by the Court from consideration of the jury. The motion for a new trial was overruled and judgment of sentence imposed.

In his appeal on questions of law to this court, the defendant-appellant, hereinafter referred to as the defendant, sets forth six alleged errors in the trial of the case. The substantial errors complained of relate, first, to the admission of…