State v. Charley

The defendant was charged with the crime of sodomy in that he “did carnally know by the anus a male person over the age of fifteen years.” After a trial to the court, as provided by Laws of 1951, chapter 52, § 1, p. 147 (RCW 10.01.060), he was found guilty. From the judgment and sentence entered in accordance with the findings, he appeals, contending that the evidence is in sufficient to prove the essential element of the crime, that penetration had occurred.

Penetration however slight must be proven to sustain a conviction of sodomy. State v. Olsen, 42 Wn. (2d) 733, 258 P. (2d) 810.

The…