The crime against nature is sexual intercourse contrary to the order of nature. It includes acts with animals and acts between humans
-per anum
and
per os. State v. Fenner,
The evidence is sufficient to make out a prima facie case against defendant of that crime with a male person per os. The jury returned a verdict of guilty of an attempt to commit the crime. The record does not show the ages of the actors, but during the oral argument in Supreme Court it was disclosed that both were over the age of sixteen years.
Upon the trial of an indictment for the crime against nature the accused may be convicted of the offense charged therein, or the attempt to commit the offense. G.S. 15-170;
State v. Savage,
Defendant’s motion in arrest of judgment is based on the proposition that G.S. 14-202.1, a statute passed in 1955 and codified under the title “Taking Indecent Liberities with Children,” repealed, by implication, the offense of attempt to
In the opinion, delivered by Parker, J., in
State v. Lance,
“The court has the right to look to the title of an ambiguous statute for the purpose of determining the meaning thereof and the legislative intent. S. v. Keller,214 N.C. 447 ,199 S.E. 620 ; S. v. Woolard,119 N.C. 779 ,25 S.E. 719 ; 50 Am. Jur., Statutes, sec. 311.”
“Ch. 764, Session Laws 1955, now codified as G.S. 14-202.1, is captioned ‘An Act to provide for the protection of children from sexual psychopaths and perverts/ and reads: ‘Section 1. Any person over 16 years of age who, with intent to commit an unnatural sexual act, shall take, or attempt to take, any immoral, improper, or indecent liberties with any child of either sex, under the age of 16 years, or who shall, with such intent, commit, or attempt to commit, any lewd or lascivious act upon or with the body, or any part or member thereof, of such child, shall, for the first offense, be guilty of a misdemeanor and for a second or subsequent offense shall be guilty of a felony, and shall be fined or imprisoned in the discretion of the court. Sec. 2. All law's and clauses of laws in conflict with this Act are hereby repealed.’
“It is manifest that G.S. 14-202.1 does not repeal, and was not intended to repeal, in its entirety G.S. 14-177. ... To hold otherwise would lead to the absurdity of imputing to the legislative body a purpose to abolish the. statute condemning crimes against nature.”
“G.S. 14-202.1 is not repugnant to G.S. 14-177 so as to work a repeal in part of G.S. 14-177, intentionally or otherwise. The two acts are complementary rather than repugnant or inconsistent. G.S. 14-177 condemns crimes against nature whether committed against adults or children. G.S. 14-202.1 condemns those offenses of an unnatural sexual nature against children under 16 years of age by persons over 16 years of age which cannot be reached and punished under the provisions of G.S. 14-177. G.S. 14-202.1, of course, condemns other acts against children than unnatural sexual acts. The two statutes can be reconciled, and both declared to be operative without repugnance.”
Rodman, J., in State v. Whittemore, supra, refers to Lance with approval in these terms:
“An article entitled “The Law of Crime Against Nature” was published in 32 N. C. Law Rev. 312 in 1954. The author traces the history of the statute, takes note of the few times this Court had been called upon to interpret the statute and the need of additional legislation to specifically define criminal sexual conduct. The Legislature, at the session following the publication of this article, enacted c. 764 S. L. 1955, now G.S. 14-202.1. That Act supplements G.S. 14-177. S. v. Lance,244 N.C. 455 ,94 S.E. 2d 335 .”
Thereafter, in
State v. Wright,
It is our considered judgment that the arguments advanced by defendant for overruling the
Lance
decision are not valid. Indeed, substantially the same arguments were made by defendant in the
Lance
case; they were then considered, discussed in the opinion, and rejected. We have fully reconsidered
No error.