Wharton v. State

1. “‘Sodomy is the carnal knowledge and connection against the order of nature, by man with man, or in the same unnatural manner with woman.” Code, § 26-5901. “The carnal knowledge necessary to constitute this offense [sodomy] is the same that is required in the case of rape, In this offense, as in rape, the crime is complete on proof of penetration.” Russell on Crimes (7th Eng. ed.), 976. And “a conviction of sodomy can not be sustained, the evidence not showing penetration.” Green v. State (Tex. Cr. App.), 79 S. W. 34; 1 Wharton’s Crim. L. (11th ed.), 969, §§ 754, 758.

2. Sodomy may be…