State v. Whitmarsh
South Dakota Supreme Court
128 N.W. 580 (1910)
Relevant factsFree
Whitmarsh (defendant) was tried and convicted for committing oral sexual acts against a six-year-old boy under the state's sodomy law and sentenced to three years in prison. Whitmarsh appealed, arguing that oral sex acts fell outside the traditional common-law definition of sodomy, which he characterized as limited to anal carnal penetration.
IssueFree
Whether the state's common law sodomy statute applies to all unnatural carnal copulations, including oral sexual acts.