COMMONWEALTH V. POINDEXTER
118 S.W. 943 (1909)
NATURE OF THE CASE: This was an appeal from a dismissal of an indictment.
FACTS: Ds were indicted the for crime of sodomy. They entered a plea of guilty and were
both ordered confined to the penitentiary for two years. After the return of the verdict, Ds
entered a motion for a new trial on the grounds that they entered the plea of guilty at
trial under a misapprehension of the law in that they believed their acts constituted
sodomy. The court set aside the verdict and granted Ds a new trial. Counsel then interposed
a demurrer and the court sustained and dismissed the indictment. The commonwealth appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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