This section contains the nature of the case and procedural background.

Ds were jointly indicted by a grand jury for willfully, maliciously and feloniously committing the abominable and detestable crime against nature with each other. D1 pled nolo contendre and got a sentence of 5-7 years, served a portion of it and was released. D2 pled not guilty, was convicted by a jury and was sentenced to 20-30 years. The same sentences were passed by the same judge. The evidence showed that Ds committed fellatio. D petitioned for habeas corpus.

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