People v. Boyle

Decided May 6, 1897

California Supreme Court · decided 1897-05-06

Wheaton A. Gbay, Judge. The carnal assault shown by the evidence was made by the defendant in the mouth of a boy and not per anum. Further facts are stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1897-05-06

How this case has been cited

Cited by 17 later decisions — most recently December 1986

16 state decisions — followed in 14 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court.

¶1The defendant was convicted of a felony, technically designated in the information as an assault with intent to commit the infamous crime against nature. He appeals from the judgment and order denying his motion for a new trial. The facts of the case do not make out the offense of which the defendant has been convicted. It has been so held in at least two cases. (See Prindle v. State, 31 Tex. Crim. Rep. 551; 37 Am. St. Rep. 833; 1 Wharton on Criminal Law, sec. 575.)

¶2Judgment and order reversed and cause remanded.