STATE v. LEVIER

No. 1832-3.

16 Wn. App. 332 (1976)

555 P.2d 1003

THE STATE OF WASHINGTON, Respondent, v. JAMES FRANCIS LEVIER, Appellant.

The Court of Appeals of Washington, Division Three.

November 3, 1976.


Attorney(s) appearing for the Case

Richard L. Cease, Public Defender, and Donald L. Westerman, Assistant, for appellant (appointed counsel for appeal).

Donald C. Brockett, Prosecuting Attorney, and Gregory G. Staeheli, Deputy, for respondent.


MUNSON, J.

Appellant was convicted of sodomy, i.e., "voluntarily submit to a carnal knowledge of himself with the mouth or tongue by a female person, ... of the age of sixteen (16) years."

The appellant's primary issue is whether the sodomy statute, RCW 9.79.100, had been impliedly repealed by the enactment of the rape statute, RCW 9.79.140-.220, thus requiring appellant's motion for dismissal be granted...

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