BAUMGARTNER v. STATE

No. 28,969.

232 Ind. 236 (1953)

111 N.E.2d 727

BAUMGARTNER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed April 24, 1953.


Attorney(s) appearing for the Case

Scheer, Scheer & Ettl and Harry S. Taylor, all of South Bend, for appellant.

J. Emmett McManamon, former Attorney General, William T. McClain, Deputy Attorney General, for appellee.


FLANAGAN, J.

The charge is sodomy. Appellant contends that the affidavit is insufficient because it does not aver the commission of the alleged act "with mankind or beast," as the statute requires. Section 10-4221, Burns' 1942 Replacement. The Attorney General of Indiana has filed a brief in which he agrees with appellant, and states that he feels this constitutes reversible error.

We have examined the affidavit and the statute. We find the appellant and the...

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