Adams v. State
| Decision Date | 22 March 1905 |
| Parties | ADAMS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Galveston County; J. K. P. Gillaspie, Judge.
Algie Adams appeals from a conviction. Reversed.
Marsene Johnson and Aubrey Fuller, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
Conviction for sodomy. The indictment, which is attacked, follows the form prescribed in Willson's Cr. Forms, No. 219, which is also the form prescribed by Bishop, Cr. Law, vol. 2, § 1013. The indictment charges the offense to have been committed upon Eric Wiley, but does not allege the sex of Eric Wiley. It is contended, as the name is applicable to either sex, that the sex should have been stated, and that a venereal affair against the order of nature with a female would not be sodomy. This is not correct. Whether Eric Wiley was a male or female, the copulation being against the order of nature, such carnal knowledge would not be in the usual way, and would therefore constitute the crime of sodomy. Amer. & Eng. Ency. of Law, vol. 2, tit. "Sodomy." It would make no difference whether the party with whom sodomy was committed was man or woman. Lewis v. State (Tex. Cr. App.) 35 S. W. 372, 61 Am. St. Rep. 831. The allegation that it was committed upon Eric Wiley is sufficient in this respect, whether the party named was male or female.
The bill of exceptions shows the predicate for the admission of the written confession of appellant was based on the warning given by F. M. Johnson, a police officer, and was in writing. This officer had defendant under arrest and in his custody at the time. He testified: On this predicate the court admitted said written confession in evidence. This was error. Guinn v. State, 39 Tex. Cr. R. 257, 45 S. W. 694; Unsell v. State, 39 Tex. Cr. R. 330, 45 S. W. 1022; Pryor v. State (Tex. Cr. App.) 51 S. W. 375; McVeigh v. State (Tex. Cr. App.) 62 S. W. 757; Perry v. State (Tex. Cr. App.) 61 S. W. 401. For this error the judgment must be reversed.
Upon another trial, if the facts are the same as developed by this record, we suggest that a charge be given on the question of permanent as well as temporary insanity. This question was not raised in the record, but we suggest it in view of another trial.
The judgment is reversed, and the cause remanded.
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State v. Lair
...(1972); LeFavour v. State, 77 Okl.Cr. 383, 142 P.2d 132 (1943); Lewis v. State, 36 Tex.Cr.R. 37, 35 S.W. 372 (1896); Adams v. State, 48 Tex.Cr.R. 90, 86 S.W. 334 (1905); State v. Witham, 406 Ill. 593, 94 N.E.2d 506 (1950); Connell v. State, 215 Ind. 318, 19 N.E.2d 267 (1939); Riley v. Garre......
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LeFavour v. State
... ... "mankind" as used in our statute includes a female ... and that it is not necessary to allege in the indictment or ... information the sex of the person on whom the offense was ... committed, this being immaterial. Lewis v. State, 36 ... Tex.Cr.R. 37, 35 S.W. 372, 61 Am.St.Rep. 831; Adams v ... State, 48 Tex.Cr.R. 90, 86 S.W. 334, 122 Am.St.Rep. 733 ... We are, ... therefore, of the opinion that the court did not err in ... overruling the demurrer to the information filed in this ... It is ... next contended that the court erred in ... ...
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McCain v. State, 20906.
...defendant, it is not a sufficient compliance with the statute. McVeigh v. State, 43 Tex.Cr.R. 17, 62 S.W. 757; Adams v. State, 48 Tex.Cr.R. 90, 86 S.W. 334, 122 Am.St.Rep. 733. The written confession in this case contains the statement that it may be used in the trial of any case to which t......