
    Douglas TURBYFILL, alias v. STATE.
    8 Div. 22.
    Court of Criminal Appeals of Alabama.
    March 21, 1978.
    
      Dave Beuoy, Russellville, for appellant.
    William J. Baxley, Atty. Gen., and Milton E. Belcher, Asst. Atty. Gen., for the State.
   BOWEN W. SIMMONS, Retired Circuit Judge.

Appellant-defendant, indicted for sodomy, was convicted by a jury with punishment fixed at ten years.

Defendant here argues that the indictment was for “carnal knowledge,” as that offense relates to a female. He then contends that there was a failure of proof because the victim was a male.

The contention is wholly without merit. The offense is embraced in § 13 — 1— 110, Code of Alabama 1975. The indictment follows the statutory form for this offense. § 15-8-150(95), p. 532, Code of Alabama 1975.

The judgment is affirmed.

The foregoing opinion was prepared by the Honorable BOWEN W. SIMMONS, a retired Circuit Judge, serving as a Judge of this Court, under the provisions of § 6.10, of the new Judicial Article (Constitutional Amendment No. 328); his opinion is hereby adopted as that of the Court.

AFFIRMED.

All the Judges concur.  