Lewis v. State

Decision Date29 April 1896
Citation35 S.W. 372
PartiesLEWIS v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from district court, De Witt county; S. F. Grimes, Judge.

Alec Lewis was convicted on sodomy, and appeals. Affirmed.

Mann Trice, for the State.

HENDERSON, J.

Appellant was convicted of sodomy, and given 15 years in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. There is no bill of exceptions in the record. The alleged sodomy was with a woman. The details are revolting, and not necessary to be stated. The contention of the appellant that the act could not be performed with a woman is without any foundation to support it, the statute and authorities on the subject being otherwise. The statute reads: "If any person shall commit with mankind * * * the abominable and detestable crime against nature." Woman is included under the term "mankind." See Rev. Pen. Code, art. 364; 2 Bish. Cr. Law, § 1193. The copulation in the mouth in this instance was not sufficient, but the proof was unquestioned that the appellant copulated with a woman by penetrating her fundament or anus with his penis. The judgment is affirmed.

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16 cases
  • State v. Dietz
    • United States
    • Montana Supreme Court
    • August 4, 1959
    ...833; Mitchell v. State, 49 Tex.Cr.R. 535, 95 S.W. 500; Harvey v. State, 55 Tex.Cr.R. 199, 155 S.W. 1193; Lewis v. State, 36 Tex.Cr.R. 37, 35 S.W. 372, 61 Am.St.Rep. 831; Davis v. Brown, 27 Ohio St. 326 (definition was expanded following this decision by statute); Ausman v. Veal, 10 Ind. 355......
  • State v. Lair
    • United States
    • New Jersey Supreme Court
    • March 19, 1973
    ...v. Vasquez, Supra, 39 Mich.App. 573, 197 N.W.2d 840 (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......
  • Barton v. State
    • United States
    • Georgia Court of Appeals
    • June 1, 1949
    ...833; Mitchell v. State, 49 Tex. Cr. R. 535, 95 S.W. 500; Harvey v. State, 55 Tex.Cr.R. 199, 115 S.W. 1193; Lewis v. State, 36 Tex.Cr.R. 37, 35 S.W. 372, 61 Am. St. Rep. 831; Davis v. Brown, 27 Ohio St. 326 (definition was expanded following this decision by statute); Ausman v. Veal, 10 Ind.......
  • State v. Altwatter
    • United States
    • Idaho Supreme Court
    • May 9, 1916
    ... ... Cr. 535, 95 S.W. 500; People v. Boyle, 116 Cal. 658, ... 48 P. 800; Kinnan v. State, 86 Neb. 234, 125 N.W ... 594, 21 Ann. Cas. 335, 27 L. R. A., N. S., 478; Bailey v ... State, 57 Neb. 706, 73 Am. St. 540, 78 N.W. 284; ... Harvey v. State, 55 Tex. Cr. 199, 115 S.W. 1193; ... Lewis v. State, 36 Tex. Cr. 37, 61 Am. St. 831, 35 ... S.W. 372; Commonwealth v. Poindexter, 133 Ky. 720, ... 118 S.W. 943; Davis v. Brown, 27 Ohio St. 326; ... State v. Johnson, 44 Utah 18, 137 P. 632.) ... Whether ... one commits the crime or simply aids and abets it, he is ... guilty as ... ...
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