Court of Criminal Appeals of Texas, 1909

Harvey v. State

Harvey v. State
Court of Criminal Appeals of Texas · Decided January 27, 1909 · Ramsey
115 S.W. 1193; 55 Tex. Crim. 199; 1909 Tex. Crim. App. LEXIS 24 (South Western Reporter)

Harvey v. State

Opinion of the Court

RAMSEY, Judge.

The appellant appeals from a conviction in the court below, charged with sodomy.

The charge is too horrible to contemplate, and too revolting to discuss. We think the indictment does not charge an offense against the laws of this State. Almost this identical .question was discussed and decided in the ease of Lewis v. State, 35 S. W. Rep., 372. A similar transaction was held not to be sodomy under the statute in the case of Prindle v. State, 31 Texas Crim. Rep., 551. We think that some legislation should be enacted covering these unnatural crimes.

For the reason that no offense is charged in the indictment against the laws of this State, the judgment of conviction is reversed and the prosecution ordered dismissed.

Dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.