Sodomy is the carnal copulation of one human being with another in a manner against nature, or to be more definite, in any manner than that provided by nature. Bestiality is the carnal copulation of a man or woman with a beast.199

193 Morris vs. State, 109 Ga., 351. 194 U. S. vs. Slenker, 32 Fed., 691;

U. S. vs. Smith, 45 Fed., 476. 195 Com. vs. Landis, 8 Phil. (Pa.), 453. 196 Dunlap vs. U. S., 165 U. S., 486;

Rosen vs. U. S., 161 U. S., 29.

197 McNair vs. People, 89 Ill., 443;

Carter vs. State, 107 Ala., 146.

198 Com. vs. Sharpless, 2 S. & R.

(Pa.), 91; Hughes Cr. Law, Sec. 2168.

Blackstone says; the infamous crime against nature, committed either with man or with beast, is an offense of so dark a nature, so easily charged, and the negative so difficult to be proved that the accusation should be clearly made out.200

Some of the statutes do not define this crime but simply refer to it as the infamous crime against nature.201

In such case the courts must look to the common law for the definition of the offense. Under the common law emission is essential and must be shown though this may be inferred from the fact of penetration.202

Under a statute providing that "every person convicted of the crime of sodomy, or other crime against nature, shall be deemed infamous," the offense may be committed by use of the mouth.203

Under an indictment for sodomy, a conviction may be had for an attempt to commit the crime.204

Corrupt intent is essential under some statutes;205 but under others the doing of the forbidden act alone constitutes the offense.206

199 Underhill's Cr. Ev., Sec. 360;

2 McClain Cr. Law, Sec. 1153.

200 4 Blackstone Com., 215; Houselman vs. People, 168 Ill., 172;

Hughes, Cr. Law, Sec. 228. 201 Houselman vs. People, 168 Ill., 174; Kelly vs. People, 192

Ill., 119. 202 4 Blackstone Com., 215. 203 Houselman vs. People, 168 Ill., 172; Kelly vs. People, 192

Ill., 119; Contra Rex vs.

Jacobs R. and R. C. C, 331;

Prindle vs. State, 31 Tex. Cr., 551. 204 State vs. Frank, 103 Mo., 120.

See in re King, 9 N. D., 140. 205 State vs. Graham, 96 Mo., 102;

Hutchinson vs. State, 36 Tex., 293; White vs. State, 102

Ala., 72. 206 4 Am. and Eng. Ency. of Law, 908 (2nd Ed.).