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Turbyfill v. State
356 So. 2d 775
Ala. Crim. App.
1978
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Appellant-defendant, indicted for sodomy, was convicted by a jury with punishment fixed at ten years.

Defendant here argues that the indictment was for "carnal knowledge," as that offense relates to a female. He then contends that there was a failure of proof because the victim was a male.

The contention is wholly without merit. The offense is embraced in § 13-1-110, Code of Alabama 1975. The indictment follows the statutory form for this offense. § 15-8-150 (95), p. 532, Code of Alabama 1975.

The judgment is affirmed.

The foregoing opinion was prepared by the Honorable BOWEN W. SIMMONS, a retired Circuit Judge, serving as a Judge of this Court, under the provisions of § 6.10, of the new Judicial Article (Constitutional Amendment No. 328); his opinion is hereby adopted as that of the Court.

AFFIRMED.

All the Judges concur.

Case Details

Case Name: Turbyfill v. State
Court Name: Court of Criminal Appeals of Alabama
Date Published: Mar 21, 1978
Citation: 356 So. 2d 775
Docket Number: 8 Div. 22
Court Abbreviation: Ala. Crim. App.
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