
    Hodges v. The State.
    'The indictment being for sodomy committed upon a child by a boy under fourteen years of age, and the question of guilt, as between the complete offence and an attempt only, depending in a great degree upon the opinion of two physicians, one of whom made a personal examination and stated the facts, but testified that he did not know whether to give an opinion as to whether there was a penetration or not, and that he could not say there was any actual penetration, and the other, having heard the testimony, gave a decided opinion that there was no penetration, a verdict finding the accused guilty generally was unwarranted by the evidence, and the court erred in not granting a new trial.
    June 4, 1894.
    Indictment for sodomy. Before Judge McWhorter. Hart superior court. March term, 1894.
    W. L. Hodges and J. P. Shannon, for plaintiff in error.
   Judgment reversed,.  