People v. Schmitt

Defendant was charged in the information with having committed “the abominable and detestable crime against nature with one Kella Anderson.”

He waived jury trial, and, after trial by the court, was convicted and sentenced to be confined in the Michigan State Prison of Southern Michigan for a term of 2 to 15 years.

On appeal defendant claims that Act No. 328, §§ 158, 159, Pub. Acts 1931, apply to the crime of sodomy as defined by common law, and do not apply to the act here proven by the people to have been committed by defendant.

The penetration proved by the prosecution was per os.

The trial…