Sodomy
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A carnal copulation by human beings with each other against nature, or with a beast.
See 2 Bish. Cr. Law § 1191; Whart. Cr. Law 579.
It may be committed between two persons both of whom consent, even between husband and wife; 8 C. & P. 604; and both may be indicted; 1 Den. Cr. Cas. 464; 2 C. A K. 869; when committed on the wife, against her consent, it is a matrimonial offence under the English act of 1857; 22 T. L. R. 26. Penetration of the mouth is not sodomy; Russ. & R. 331; Prindle v. State, 31 Tex. Cr. R. 551, 21 S. W. 360, 37 Am. St. Rep. 833.
As to emission, see 12 Co. 36; Com. v. Thomas, 1 Ya. Cas. 307. See 1 Russ. Cr. 698; 1 Mood. Cr. Cas. 34; 8 C. & P. 417; People v. Hodgkin, 94 Mich. 27, 53 N. W. 794, 34 Am. St. Rep. 321.
A minor 12 years of age cannot consent to an act of sodomy committed on his person; and if he submits to it without resistance the act is still done by force; Mascolo v. Montesanto, 61 Conn. 50, 23 Atl. 9GG, 29 Am. St Rep. 195. A domestic fowl is an “animal” within 24 & 25 Yict e. 100, punishing unnatural offences; 24 Q. B. Div. 357.
But see 1 Russ. Cr. 698.