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356 So. 2d 775

Turbyfill v. State

Court of Criminal Appeals of Alabama · decided 1978-03-21

Cited by 2 later decisions — most recently August 1984

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1978-03-21

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BOWEN W. SIMMONS, Retired Circuit Judge.

¶1Appellant-defendant, indicted for sodomy, was convicted by a jury with punishment fixed at ten years.

¶2Defendant here argues that the indictment was for “carnal knowledge,” as that offense relates to a female. He then contends that there was a failure of proof because the victim was a male.

¶3The contention is wholly without merit. The offense is embraced in § 13 — 1— 110, Code of Alabama 1975. The indictment follows the statutory form for this offense. § 15-8-150(95), p. 532, Code of Alabama 1975.

¶4The judgment is affirmed.

¶5The foregoing opinion was prepared by the Honorable BOWEN W. SIMMONS, a retired Circuit Judge, serving as a Judge of this Court, under the provisions of § 6.10, of the new Judicial Article (Constitutional Amendment No. 328); his opinion is hereby adopted as that of the Court.

¶6AFFIRMED.

All the Judges concur.
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