Vanderbilt

Appellant was charged in count one of the information with the crime of sodomy committed upon the person of a minor, a boy nine years of age; in count two, with contributing to the delinquency of said minor by committing sodomy upon said minor’s person and in the third count of an attempt to commit sodomy upon said minor. The jury before whom he was tried acquitted him under the first count and found him guilty of the crime charged in the second and third counts, respectively. The judgment of the court was that the defendant be confined in the county jail for the term of two years upon the verdict of the jury finding him guilty as charged in count two and that he be confined in the state’s prison for the term prescribed by law upon the verdict finding him guilty of the crime charged in count three of the information. The sentences were made to run concurrently. From this judgment and the order denying his motion for a new trial the defendant appeals.

Appellant contends that the verdicts under the second and third counts of the information are inconsistent with that rendered under the first count. In other words, it is the appellant’s contention that the verdict acquitting him of…