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Commonwealth v. Poindexter
Kentucky Court of Appeals
118 S.W. 943 (1909)
Facts
C.H. Poindexter and Frank Moore (defendants) were each charged with sodomy after performing acts involving oral sex. Defendants were found guilty by a jury and sentenced to two years in prison each. Thereafter, defendants filed motions for a new trial asserting that they misunderstood the acts they committed as constituting the crime of sodomy. The trial court granted defendants’ motions. Defendants then filed motions to dismiss the indictment which were granted by the trial court. The Commonwealth appealed.
Rule of Law
Issue
Holding and Reasoning (Settle, C.J.)
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