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State v. Whitmarsh
South Dakota Supreme Court
128 N.W. 580 (1910)
Whitmarsh (defendant) was indicted and tried by a jury for feloniously assaulting and committing oral sexual acts against a six-year-old boy in violation of the state’s sodomy law. Whitmarsh was sentenced to serve three years in prison. Whitmarsh appealed.
Rule of Law
Holding and Reasoning (Whiting, J.)
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