¶1The opinion of the Court was delivered hy
¶2The defendant appeals from a conviction and sentence for crime against nature..
¶3The learned counsel appointed hy the Court to represent the prisoner has discharged his gratuitous task with zeal and ability, justly meriting our commendation.
¶4It is contended that the Section 788, R. S., providing for the punishment of the “ abominable and detestable crime against nature, committed with mankind or beast,” does not define the crime, and that it does not describe any crime known to the common law.
¶5The books satisfy us that the crime referred to by the statute is known in the common law by the convertible and equivalent names of “crime against nature," “sodomy,” and “buggery.” Bishop Cr. L. §503; 4 Blackstone Com. pp. 214; Bouvier’s and Abbott’s Law Dictionaries, verbis, crime against nature, sodomy, buggery; Ausmen vs. Veal, 10 Ind. 365.
¶6The statutes of Massachusetts and New York are similar to onrs in the terms of description used, and prosecutions thereunder have been maintained. Com. vs. Snow, 111 Mass. 411.
¶7A case arising under the same statute has been before this Court, and though it passed off on other grounds, no such objections as this was made. State vs. Gruso, 28 A. 952.
¶8The authorities from Texas, quoted by counsel seem to rest on a statute peculiar to that State, providing that no person shall bo punished for any crime unless the same shall be “ expressly' defined ” in the statute punishing the same. These cases, therefore, do not affect the general principle here in controversy.
¶9The requirements of the common law indictment, in describing the offense, including its additional qualification as “ buggery,” are fully complied with.
¶10The euphemism by which the law describes pccatmn ilhtd horribile, does not, in our opinion, leave its meaning doubtful or obscure.
¶11We therefore think the objection untenable.
¶12We find no uncertainty or insufficiency in the laying of the venue of the offense in the information.
¶13The proceedings are regular and legal in all respects.
¶14Judgment affirmed.