Green v. State
| Decision Date | 09 March 1904 |
| Citation | 79 S.W. 304 |
| Parties | GREEN v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Taylor County; J. H. Calhoun, Judge.
Dennis Green appeals from a conviction. Reversed.
Harry Tom King, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
Appellant was convicted of sodomy, and his punishment assessed at confinement in the penitentiary for a term of five years. The evidence in the record does not show penetration, and the record is replete with improbable statements upon which to predicate a conviction. We cannot permit the verdict of the jury to stand. We do not deem it necessary to rehearse the filthy language used, in order to make a complete statement of the case. Suffice it to say that, in our opinion, the evidence is wholly insufficient to sustain the conviction. Mullins v. State (Tex. Cr. App.) 76 S. W. 560; Davis v. State, 42 Tex. 228.
Because the evidence is not sufficient, the judgment is reversed, and the cause remanded.
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Comer v. State
... ... in the definition of rape. It would hardly be insisted that ... rape could be committed by the man using his mouth and tongue ... in the manner alleged in this indictment ... "A conviction of sodomy cannot be sustained, the ... evidence not showing penetration." Green v. State ... (Tex. Cr. App.) 79 S.W. 304 ... "The crime of sodomy cannot be accomplished between two ... women. * * * The essential elements of the crime of sodomy in ... any of its branches are very similar in character to those of ... the kindred crime of rape. * * * Penetration of the body ... ...
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Comer v. State
...the manner alleged in this indictment. "A conviction of sodomy cannot be sustained, the evidence not showing penetration." Green v. State (Tex. Cr. App.) 79 S. W. 304. "The crime of sodomy cannot be accomplished between two women. * * * The essential elements of the crime of sodomy in any o......
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Wharton v. State
... ... [sodomy] is the same that is required in the case of rape. In ... this offense, as in rape, the crime is complete on proof of ... penetration." Russell on Crimes (7th Eng. ed.) 976. And ... "a conviction of sodomy cannot be sustained, the ... evidence not showing penetration." Green v. State, ... Tex.Cr.App., 79 S.W. 304; 1 Wharton's Crim.L. (11th ... ed.), 969, §§ 754, 758 ... 2 ... Sodomy may be committed by the insertion of the virile organ ... of the male into the rectum or the mouth of another person ( ... White v. State, 136 Ga. 158, 71 S.E ... ...
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Wharton v. State, 26835.
...on Crimes (7th Eng. ed.) 976. And "a conviction of sodomy cannot be sustained, the evidence not showing penetration." Green v. State, Tex.Cr.App., 79 S.W. 304; 1 Wharton's Crim.L.(llth ed.), 969, §§ 754, 758. [2, 3] 2. Sodomy may be committed by the insertion of the virile organ of the male......