People v. Miller

On the twenty-sixth day of November, 1923, the defendant and appellant was found guilty of the infamous crime against nature, as charged in the information, and from the sentence and judgment pronounced thereupon the defendant appeals.

The information charges the defendant as follows: “That on the- day of September, 1923, and within the limits of the City of Sacramento, in the State of California, the said defendant Bud Miller, did then and there, before the filing of this complaint, and within one year prior thereto, willfully and unlawfully and feloniously and carnally, upon the person of one Parley Sheya then and there being, make an assault with the intent then and there feloniously and carnally upon the person of said Parley Sheya, to commit the infamous crime against nature, the said Parley Sheya being then and there a male person, contrary to the form, force and effect of the statute of said state in such case made and provided,” etc.

The defendant asks a reversal of said judgment upon two grounds—first, insufficiency of the testimony to warrant the verdict; secondly, that the court erred in refusing to instruct the jury as requested by the defendant.

The testimony in…