Abner v. State

Deen, Presiding Judge.

1. The general grounds are urged as error. The alleged victim testified that he was hit by only one of the appellants and forced to go into the bathroom of the dormitory. He did not cry out for help. It is argued that this evidence would support a verdict of guilty of sodomy but not aggravated sodomy, there being no evidence of the act being against the will of the victim or that force was exercised only by the one appellant who struck him. The victim testified that he performed acts of sodomy on the appellants and that he did so because they threatened him with physical…