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STATE v. MASSEY

No. 5698.

266 P.2d 359 (1954)

58 N.M. 115

STATE v. MASSEY.

Supreme Court of New Mexico.

January 29, 1954.

Attorney(s) appearing for the Case

N. Randolph Reese, Hobbs, for appellant.

Richard H. Robinson, Atty. Gen., Walter R. Kegel and Fred M. Standley, Asst. Atty. Gen., for appellee.

FEDERICI, District Judge.

The decisive question in the cause at bar is whether emission is a necessary element of the crime of sodomy in this jurisdiction.

We have no statute defining the crime of sodomy. Our statute, § 41-704, N.M.Statutes 1941 Annotated, providing a penalty only, reads:

"Every person convicted of the abominable crime of sodomy, committed either with human being or any animal, on conviction thereof, shall be imprisoned for not...

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