STATE V. WHITMARSH
128 N.W. 580 (1910)
NATURE OF THE CASE: This was an appeal from a denial of a motion for a new trial.
FACTS: D was tried on an information that he willfully, unlawfully, and feloniously made
an assault on a boy of six with the intent to commit the detestable and abominable crime
against nature in violation of section 351 of the South Dakota Penal Code. D was found
guilty and the trial court denied a motion for a new trial. The crime against nature was
whether sodomy could be committed by fellatio. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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