White v. Commonwealth
| Decision Date | 05 May 1903 |
| Parties | WHITE v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Jefferson County, Criminal Division.
"To be officially reported."
Coleman White was convicted of sodomy, and appeals. Affirmed.
M. Barnett, for appellant.
C.J. Pratt and M. R. Todd, for the Commonwealth.
The appellant was convicted of the crime of sodomy, and his punishment fixed at two years' confinement in the penitentiary.
We are asked upon this appeal to reverse the judgment rendered pursuant thereto on two grounds: First, because the testimony did not establish the guilt of the accused; and, second, because the court erred in not pointing out and advising the jury as to the specific acts that constitute the offense.
Every person of ordinary intelligence understands what is meant by a charge of sodomy, and the instructions given in this case follow the language of the indictment, and are, we think, sufficiently specific. It is also insisted that the court erred in failing to give instructions covering the law of assault and battery. No assault and battery is charged against the defendant, except as a part of his assault to commit the crime of sodomy. This is the offense sought to be punished, and we think the court did not err in failing to instruct the jury for any other offense.
It is also insisted that emission is necessary to the consummation of the offense of sodomy, and that, as the proof wholly failed on this point, the jury should have been directed to find the defendant not guilty. The decisions on this point have not been uniform, but the drift of the latter decisions in both the English and American courts is to hold that nothing more than res in re, without regard to the extent of the penetration or emission, is all that is required. See Bishop's New Criminal Law, vol. 2, § 1127.
Finding no error in the record, the judgment is affirmed.
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State v. McGruder
...in this, and the court held that emissio seminis was not an essential element of the crime. The same conclusion was reached in White v. Com. (Ky.) 73 S. W. 1120. See 1 McClain's Crim. Law, 450. See, contra, People v. Hodgkin, 94 Mich. 27, 53 N. W. 794, 34 Am. St. Rep. 321. That there may be......
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State v. Massey, 5698
...conviction.' Another jurisdiction holding that emission is not a necessary element of the offense is Kentucky, where in White v. Commonwealth, 115 Ky. 473, 73 S.W. 1120, it was 'The decisions on this point have not been uniform, but the drift of the latter decisions in both the English and ......
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State v. McGruder
...this, and the court held that emissio seminis was not an essential element of the crime. The same conclusion was reached in White v. Com., 115 Ky. 473 (73 S.W. 1120). See McClain's Crim. Law, 450. See, contra, People v. Hodgkin, 94 Mich. 27 (53 N.W. 794, 34 Am. St. Rep. 321). That there may......
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State v. Nelson, 31110.
...Cases from other jurisdictions on the question here being discussed sustain the position we have taken. Thus in White v. Commonwealth, 115 Ky. 473, 474, 475, 73 S.W. 1120, the accused sought reversal on the theory that the trial court erred in failing to give instructions covering the law o......