ARRINGTON, J.
The appellant was convicted on an indictment charging him with an attempt to commit sodomy, and was sentenced to the penitentiary for a term of five years, from which judgment he appeals.
The indictment is predicated upon Section 2017, Mississippi Code of 1942, which is, in part, as follows: "Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall...
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