STATE v. BATEMAN

Nos. 3360-PR, 3392-PR.

113 Ariz. 107 (1976)

547 P.2d 6

STATE of Arizona, Appellant, v. Mearion Ray BATEMAN, Appellee. STATE of Arizona, Appellee, v. Willie Edward CALLAWAY, Appellant.

Supreme Court of Arizona, En Banc.

Rehearing Denied April 13, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III and Shirley H. Frondorf, Asst. Attys. Gen., Phoenix, Charles Anthony Shaw, Prescott, for appellee.

John M. Neis, Pima County Public Defender by Kenneth J. Peasley, Asst. Public Defender, Tucson, Charles Preimsberg, Yavapai County Atty., by Richard A. Stewart, Deputy County Atty., Prescott, for appellant.


HAYS, Justice.

We accepted the petitions for review in these cases to determine whether ARS § 13-651 and § 13-652 proscribing sodomy and lewd and lascivious acts are constitutional. The acts complained of took place between two married individuals in one case, State v. Bateman, and between two individuals, one married but not to the other, single person, in the second case, State v. Callaway. Mearion Ray Bateman and Willie Edward Callaway were each convicted...

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