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Ds were indicted the for crime of sodomy. They entered a plea of guilty and were both ordered confined to the penitentiary for two years. After the return of the verdict, Ds entered a motion for a new trial on the grounds that they entered the plea of guilty at trial under a misapprehension of the law in that they believed their acts constituted sodomy. The court set aside the verdict and granted Ds a new trial. Counsel then interposed a demurrer, and the court sustained and dismissed the indictment. The Commonwealth appealed.

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