COMMONWEALTH V. POINDEXTER 118 S.W. 943 (1909) CASE BRIEF

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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