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

D was tried on an information that he willfully, unlawfully, and feloniously made an assault on a boy of six with the intent to commit the detestable and abominable crime against nature in violation of section 351 of the South Dakota Penal Code. D was found guilty, and the trial court denied a motion for a new trial. The crime against nature was whether sodomy could be committed by fellatio. D appealed.

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