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State v. Whitmarsh

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Criminal Law Keyed to LaFave

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Bloomberg Law

Citation. 26 S.D. 426,128 N.W. 580,1910 S.D.

Brief Fact Summary. Appellant was charged with a crime against nature for committing oral sex upon a 6 year old boy.

Synopsis of Rule of Law. South Dakota’s “crimes against nature”ť statute goes beyond common law sodomy to include oral sex as well.

Facts. Appellant was charged with willfully, unlawfully, and feloniously making an assault upon a 6-year-old boy with the intent then and there to commit in and upon the person the detestable and abominable crime against nature in violation of section 351 of the Penal Code of South Dakota. The Jury returned a guilty verdict and appellant was sentenced to 3 years in prison. Appellant appealed from the judgment and from an order denying a new trial.

Issue. Does the “crimes against nature”ť statute, as prescribed in the South Dakota penal code, include oral sex?
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