95 S.W. 500 | Tex. Crim. App. | 1906
The charge was sodomy. The court in his charge submitted as a predicate for conviction that one of the parties used the mouth of the other. This is criticised in motion for new trial as not being the law. The same question was discussed in Prindle v. State, 31 Tex.Crim. Rep., where it was held, that such fact did not constitute the crime of sodomy. See also Peo. v. Boyle,
Reversed and remanded. *536