Frazier v. State

Decision Date01 January 1873
Citation39 Tex. 390
PartiesJEFF. FRAZIER v. THE STATE.
CourtTexas Supreme Court

OPINION TEXT STARTS HERE

The crime “against nature,” or sodomy, is not so described in the statutes of Texas as to be an offense.

APPEAL from McLennan. Tried below before the Hon. J. W. Oliver.

Frazier was indicted for sodomy. Exceptions to the indictment were sustained, and the state appealed.

Wm. Alexander, Attorney General, for the state.

OGDEN, P. J.

Under the statutes and decisions of this court, in the case of Fennell v. The State, 32 Tex. 378, we must hold that there is no such offense known to our law as the one charged in the indictment, and that the court did not err in sustaining the exceptions to the indictment, and the judgment is affirmed.

Affirmed.

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2 cases
  • Pruett v. State
    • United States
    • Texas Court of Criminal Appeals
    • November 25, 1970
    ...648, 17 L.Ed.2d 606, dealing with Art. 64 P.C.7 381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510.8 Fennell v. State, 32 Tex. 378; Frazier v. State, 39 Tex. 390.9 The 1925 statute was among those which were held not repealed, though inadvertently omitted from the enrolled bill containing the Revi......
  • Ross v. Early
    • United States
    • Texas Supreme Court
    • January 1, 1873

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