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Harvey v. StateHarvey v. State

Court of Criminal Appeals of Texas
Jan 27, 1909
No. 4528.
Reporters:
, ,
Before:
Ramsey
RAMSEY, Judge.

The appellant appeals from a conviction in the court below, charged with sodomy.

The charge is too horrible to contemplate, and too revolting to discuss. We think the indictment does not charge an offense against the laws of this State. Almost this identical .question was discussed and decided in the ease of Lewis v. State, 35 S. W. Rep., 372. A similar transaction was held not to be sodomy under the statute in the case of Prindle v. State, 31 Texas Crim. Rep., 551. We think that some legislation should be enacted covering these unnatural crimes.

For the reason that no offense is charged in the indictment against the laws of this State, the judgment of conviction is reversed and the prosecution ordered dismissed.

Dismissed.

Case Details

Case Name: Harvey v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Jan 27, 1909
Citations: 115 S.W. 1193; 55 Tex. Crim. 199; 1909 Tex. Crim. App. LEXIS 24; No. 4528.
Docket Number: No. 4528.
Court Abbreviation: Tex. Crim. App.
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