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STATE v. PUTMAN

No. 56.

434 P.2d 77 (1967)

78 N.M. App. 552

STATE of New Mexico, Plaintiff-Appellant, v. Haskel PUTMAN, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied November 2, 1967.

Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Joel M. Carson, Asst. Atty. Gen., Santa Fe, for appellant.

Foster Windham, Carlsbad, for appellee.

OPINION

WOOD, Judge.

By Count II of the information, defendant was accused of sodomy. The information was supplemented by a bill of particulars. The trial court sustained defendant's motion to quash on the ground that the acts alleged did not constitute sodomy. The State appeals under § 21-2-1(5) (4), N.M.S.A. 1953.

The crime of sodomy is defined in § 40A-9-6, N.M.S.A. 1953. The portion of the statute applicable here reads:

"Sodomy...

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