BENNETT v. ABRAM

No. 5594.

253 P.2d 316 (1953)

57 N.M. 28

BENNETT et al. v. ABRAM.

Supreme Court of New Mexico.

February 13, 1953.


Attorney(s) appearing for the Case

J. H. Burttram, Santa Fe, for petitioners.

W. F. Kitts, Asst. Atty. Gen., for respondent.


COMPTON, Justice.

This is an original proceeding in habeas corpus. The decisive question is whether carnal copulation per os constitutes the crime of sodomy. Chronologically, the events in the crime charged may be stated as follows: On May 17, 1951, while petitioners were confined in the common jail of Quay County under a charge of burglary, they were apprehended in the commission of acts of unnatural sexual copulation per os between themselves and another prisoner...

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