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STATE v. SPENCER

No. 1742.

514 P.2d 14 (1973)

STATE of Alaska, Appellant, v. Charles M. SPENCER et al., Appellees.

Supreme Court of Alaska.

September 14, 1973.

Attorney(s) appearing for the Case

Harry L. Davis, Asst. Dist. Atty., Monroe N. Clayton, Dist. Atty., Fairbanks, John E. Havelock, Atty. Gen., Juneau, for appellant.

Eugene Belland, Thomas F. Keever, Charles E. Cole, David C. Backstrom, Asst. Public Defender, Fairbanks, Herbert D. Soll, Public Defender, Anchorage, for appellees.

Before RABINOWITZ, Chief Justice, and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, Justices.

OPINION

PER CURIAM.

The state appeals the dismissal of an indictment charging the four appellees with sodomy. The indictment reads as follows:

"That on or about the 6th day of February, 1972, at or near Fairbanks, in the Fourth Judicial District, State of Alaska, Charles M. Spencer, Timothy W. Johnson, Herbert L. Hawthorne and Eli L. Ghete did wilfully, unlawfully and feloniously commit the crime of sodomy by each inserting his penis into the mouth...

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