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People v. Boyle

THE PEOPLE v. EDWARD BOYLE

People v. Boyle, 48 P. 800 (Cal. 1897)
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Court
California Supreme Court · State Highest Courts
Decided
May 6, 1897
Docket
No. Crim. No. 235
Citations
48 P. 800116 Cal. 6581897 Cal. LEXIS 603
Cited by 18
Syllabus
Criminal Law—Infamous Crime against Nature—Insufficient Proof. A charge of the "‘infamous crime against nature,” is not sustained by proof of a carnal assault upon a human being, not made per anum.
Summary
Appeal from a judgment of the Superior Court of Tulare County and from an order denying a new trial. Wheaton A. Gbay, Judge. The carnal assault shown by the evidence was made by the defendant in the mouth of a boy and not per anum. Further facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court.

The defendant was convicted of a felony, technically designated in the information as an assault with intent to commit the infamous crime against nature. He appeals from the judgment and order denying his motion for a new trial. The facts of the case do not make out the offense of which the defendant has been convicted. It has been so held in at least two cases. (See Prindle v. State, 31 Tex. Crim. Rep. 551; 37 Am. St. Rep. 833 ; 1 Wharton on Criminal Law, sec. 575.)

Judgment and order reversed and cause remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

View all citing references →
1906: 11909: 11910: 21912: 11913: 11914: 11923: 11927: 11936: 11938: 11949: 11951: 11953: 21959: 11964: 11986: 119062026peak 1910 · 2

Relies on it most ⓘ

  1. State v. Dietz343 P.2d 539 (Mont. 1959)
  2. Glover v. State101 N.E. 629 (Ind. 1913)
  3. People v. Schmitt267 N.W. 741 (Mich. 1936)
  4. Koontz v. the People263 P. 19 (Colo. 1927)
  5. State v. Whitmarsh128 N.W. 580 (S.D. 1910)
  6. Commonwealth v. Poindexter118 S.W. 943 (Ky. Ct. App. 1909)

Most recent

  1. People v. Martinez188 Cal. App. 3d 19 (1986)
  2. Perkins v. State of North Carolina234 F. Supp. 333 (W.D.N.C. 1964)
  3. State v. Dietz343 P.2d 539 (Mont. 1959)
  4. State v. Potts254 P.2d 1023 (Ariz. 1953)
  5. Bennett v. Abram253 P.2d 316 (N.M. 1953)
  6. People v. Babb229 P.2d 843 (Cal. Ct. App. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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