BURGE v. STATE

38873.

103 Ga. App. 682 (1961)

120 S.E.2d 200

BURGE v. THE STATE.

Court of Appeals of Georgia.

Decided May 12, 1961.


Attorney(s) appearing for the Case

W. O. Cooper, Jr., Edward F. Taylor, H. T. O'Neil, Jr., for plaintiff in error.

William M. West, Solicitor-General, Jack J. Gautier, Assistant Solicitor-General, contra.


TOWNSEND, Presiding Judge.

1. Sodomy is defined in Code § 26-5901. Code § 26-5902 provides: "The punishment of sodomy shall be as follows: (a) Where committed on a person under the age of 16 years, a sentence to the penitentiary for not less than 10 years nor more than 30 years; (b) Where committed on a person 16 years or more, by sentence to the penitentiary for not less than one year nor more than 10 years; (c) Where previous conviction or...

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