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BOYINGTON v. STATE

1 Div. 25.

227 So.2d 807 (1969)

Cecil BOYINGTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 4, 1969.

Attorney(s) appearing for the Case

Wilters & Brantley, Bay Minette, for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

The defendant was convicted of a crime against nature as denounced by Section 106, Title 14, Code of Alabama, 1940.

The indictment reads:

"The Grand Jury of Said County charge that before finding this indictment Cecil Boyington, did commit a crime against nature with Jack Perkins, against the peace and dignity of the State of Alabama."

The defendant demurred to the indictment on these grounds: (1) "This indictment...

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