KEMP v. STATE

No. 42298.

464 S.W.2d 141 (1970)

William Carnye KEMP, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing March 3, 1971.


Attorney(s) appearing for the Case

George R. Milner, Dallas, for appellant.

Henry Wade, Dist. Atty., Al Walvoord, Ron Walvoord, Ron Chapman, Malcolm Dade, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 15 years.

The indictment alleged that on or about May 21, 1967, appellant committed the act of sodomy by using his mouth on the sexual parts of the complaining witness, Williams, age 16, for the purpose of having carnal copulation.

As applied to the allegation of the indictment, Art. 524, V.A.P.C. is not unconstitutional. Pruett v. State, No. 43, 193,

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