Timeline: Published U.S. State Appeals Case Reports, 1800-1899

Reproduced from Jonathan Ned Katz, Love Stories: Sex Between Men Before Homosexuality (Chicago: University of Chicago Press, 2005), Chapter 5, "Abominable and Detestable Crimes," pages 402-406. See also 390, 391, 402-406.

Research Request

OutHistory.org would like to initiate a nationwide effort by researchers to retrieve and publish on this site the original legal records of the cases sited. In two cases OutHistory.org has established that such records exist (see Davis v. State and State v. Campbell). In the case of early, handwritten records, transcriptions will be valuable. Please inform OutHistory.org if you volunteer to retrieve any of these original legal records so that others do not duplicate your efforts. When known, state names have been added at the end of each entry to facilitate searchers.

Timeline: Published U.S. State Appeals Case Reports, 1800-1899

See also: Legal Cases

Bibliography: Published U.S. State Appeals Case Reports, 1800-1899

Annotated list of 105 published case reports including the terms terms "crime against nature", "buggery", and "sodomy". These are cases appealed to and decided during the nineteenth century by the high courts of twenty-five American states (or districts or territories), or by federal courts, and sumarized in brief, published reports. Listed alphabetically by name of case. Retrieved via LEXIS and Westlaw searches which, in numbers of instances, provide different dates for the cases listed.

Listed in descending order, from earliest to latest:

1810: Davis v. State, 3 Har. & J. 154; 3 MD Rep 154 (1810) (attempted "sodomy;' "buggery;' man with male "youth," 19). Maryland. The original legal records in this case are available in the state's legal archive: see William S. Davis, Court of Appeals (Judgments, Western Shore). William S. Davis v. State of Maryland, 1806-1810, nos. 267 and 268, MdHR 683-122, 1-62-8-32 (19 pages). Maryland State Archives, Annapolis. Also see: William S. Davis. MSA no. C183, Baltimore County Court of Oyer and Terminer and Gaol Delivery (Docket and Minutes), William S. Davis September 22, October 3, Octaober 9, 1810, Minutes, MdHR 16654, 3-29 (4 pages). Copies in the papers of Jonathan Ned Katz, New York Public Library, Rare Books and Manuscripts Division.

1812, Jun 16: Commonwealth v. Thomas, 1 VA Cases 307 (Gen. Ct.) (1812, Jun 16) ("buggery," man with mare). Virginia.

1822, Dec: Coburn v. Harwood, 12 Am. Dec. 37; Minor 93 (AL; 1822, Dec) (slander; words charging crime against nature, unspecified). Alabama.

1824: Goodrich v. Woolcott, 3 Cow. 231 (NY; 1824, Aug) (slander; words charging "person of unnatural passions" with "crime against nature" (man with sow) (see also Woolcott v. Goodrich). New York State.

1846, Jan: Edgar v. McCutcheon, 9 MO 768 (1846, Jan) (slander, charging man's "carnal knowledge" of mare, using word "fuck"). Missouri.

1847, Dec: Haywood v. Foster, 6 OH 88 (Westlaw; LEXIS 6 OH 98) (1847, Dec) (slander, charging "unchastity and bestiality" [unspecified]). Ohio.

1851, Nov: Harper v. Delp, 3 IN 225 (1851, Nov) (slander, charging "bestiality" and "buggery," man with cow). Indiana.

1856, Dec: Dial v. Holter, 6 OH St. 228 (1856, Dec) (slander, libel; reference to "sodomy," unspecified, as charge involving "great moral turpitude"). Ohio.

1858, Jun 2: Ausman v. Veal, 10 IN 355; 71 Am. Dec. 331 (1858, Jun 2) (slander; charging "bestiality;' "crime against nature," woman with dog, sex unspecified).

1860 Apr 18: Estes v. Carter, 10 IA 400 (Sup. Ct.) (1860 Apr 18) (slander; words charging "sodomy," unspecified). Iowa.

1860, Dec 11: Enos v. Sowle, 2 HA 332 (1860, Dec 11) ("sodomy"; man with "boy," youth," age unspecified. Hawaii.

1861, May: Lambertson v. People, (Sup. Ct. Gen. T.) 5 Park. Crim. (N.Y.) 200 (1861, May) ("crime against nature," "buggery," "carnal knowledge," man with man). New York State.

1865, Apr 10: Cleveland v. Detweiler, 18 IA 299 (1865, Apr 10) (slander, charging "sodomy;' woman with dog, sex unspecified). Iowa.

1869: Fennel v. State, 32 TX 378 (Sup. Ct.) (1869) ("crime against nature," "sodomy," unspecified). Texas.

1869, Oct: Ex parte Smith and Keating, 38 CA 702 (1869, Oct) (reference to laws against "rape," "crime against nature," "prostitution," "abortion"). California.

1870, Oct 24: Haynes v. Ritchey, 30 IA 76; 6 Am. Rep. 642 (1870, Oct 24) (slander, charging "sodomy," "beastility" [sic]). Iowa.

1873: Frazier v. State, 39 TX (Sup. Ct. 1873) (1873) ("crime 'against nature';" unspecified, "sodomy;' unspecified). Texas.

1873, Jan: Commonwealth v. Snow, 111 MA 411 (1873, Jan) ("sodomy," man with boy [implicitly], age unspecified). Massachusets.

1875, Dec: Davis v. Brown, 27 OH St. 326 (1875, Dec) (slander, charging "crime against nature;' "sodomy," man with unspecified beast). Ohio.

1883, Apr 13: Ex parte Bergen, 19 TX App. 52 (1883, Apr 13) (sodomy," "crime against nature," unspecified). Texas.

1884: Collins v. State, 73 GA 76 (1884) ("bestiality," unspecified). Georgia.

1885, Jan 31: Cross v. State, 17 TX App. 476 (1885, Jan 31) ("sodomy," "crime against nature," "carnal connection," man with mare). Texas.

1886, Apr: Foster et al. v. State, 1 OH C.D.; 1 OH Cir. Ct. R. 467 (1886, Apr) ("sodomy," "carnal copulation against nature," three men with man). Ohio.

1887, Feb 10: Hughes v. Detroit ... Railway Company, 65 MI 10; 31 N.W: 603 (1887, Feb 10) (negligence case, referring to outrage of girls under age seven and to "such crimes against nature"). Michigan.

1887, Jun 23: Lamb v. State, 10 A. 298 (MD; 1887, Jun 23) ("abortion" referred to as a "crime against nature"). Maryland.

1889, Apr 16: Green v. Superior Court of San Francisco, 78 CA 556; 21 P. 307 (1889, Apr 16) (extortion case referring to persons convicted of "a capital offense, a crime against nature, or ... forgery, perjury," etc.; on appeal, a dissenting CA Supreme Court judge mentions that "At common law, persons convicted of petty larceny and whipped were held incompetent witnesses because infamous, but no matter how infamous the punishment, unless it was inflicted for, or some other species of crimen falsi, infamy did not attach"). California.

1889, Dec 20: Lefler v. State, 23 N.E. 154 (1889, Dec 20) ("sodomy;' man with man). Research Request: state?

1890, Dec 16: Houston v. Commonwealth, 87 VA 257; 12 S.E. 385 (1890, Dec 16) (robbery case referring to threat of "sodomy"). Virginia.

1892, Jan 4: Commonwealth v. Randolph, 146 PA 83; 23 A. 388 (1892, Jan 4) (murder case referring to English decision "that to solicit or make overtures to another to commit sodomy was a crime; but to threaten to accuse another of having made such overtures, was not a threat to charge him with having committed the crime of sodomy"). Pennsylvania.

1892, Nov 7: Hallinger v. Davis, 146 U.S. 314; 113 S. Ct. 105 (1892, Nov 7) (murder case appealed to U.S. Supreme Court; quotes article of NJ constitution which says that murder "committed in perpetrating or in attempting to perpetrate arson, rape, sodomy, robbery, or burglary, shall be deemed murder in the first degree"). United States. New Jersey.

1894, Feb 28: Commonwealth v. Dill, 160 MA 536, 36 N.E. 472 (Sup. Jd. Ct. 1894) (1894, Feb 28) ("sodomy," "crime against nature," "unnatural and lascivious act," unspecified; man with "another person," sex unspecified). Massachusets.

1894, Jun 4: Hodges v. State, 94 Ga. 593; 19 S.E. 758 (1894, Jun 4) ("sodomy," anal intercourse of "boy," under 14, with "child"). Georgia.

1894, Aug 9: Bradford v. State, 104 AL 68; 53 Am. St. Rep. 24 (1894, Aug 9) ("crime against nature," man with cow). Alabama.

1895, Mar 9: Green v. State, 29 S.W: 1072 (TX; 1895, Mar 9) ("sodomy;' unspecified). Texas.

1895, Apr 1: Bergemann v. Backer, 157 U.S. 655; 15 S. Ct. 727 (U.S. Supreme Court; 1895, Apr 1) (murder; cites section of New Jersey Crimes Act that murder "committed in perpetrating, or attempting to perpetrate, any arson, rape, sodomy, robbery or burglary, shall be deemed murder of the first degree"). United States.

1896, Jan 27: Hawaii v. Parsons, 10 HA 601 (1896, Jan 27) ("sexual intercourse," man with female under age fourteen: cites law referring to "Polygamy," "Adultery," "Fornication," "Incest," "Sodomy," unspecified). "C. G. Parsons argues that the statute under which the charge is made is unconstitutional, for technical reason, and that even if it did set forth the full title of the alleged amended act, namely, 'Chapter XIII, it would still be insufficient (for technical reasons).'" Hawaii.

1896, Feb 12: Hall v. State, 34 S.W: 124 (TX; 1896, Feb 12) ("sodomy;' unspecified). Texas.

1896, Apr 29: Lewis v. State, 36 TX Cr. R. 37; 35 S.W. 372; 61 Am. St. Rep. 831 (1896, Apr 29) ("sodomy," anal intercourse, man with woman; accusation of "copulating in the mouth" with same woman). Texas.

1896, May 13: Little v. State, 35 S.W. 659 (TX; 1896, May 13) ("sodomy," unspecified). Texas.

1896, Sep 21: Benedict v. People, 23 CO 126; 46 P. 637 (1896, Sep 21 [WESTLAW]; Sep [LEXIS]) ("crime against nature," unspecified). Colorado.

1897, Jan 21: Davis v. State, 37 TX Crim. Rep. 47 (1897, Jan 21) (robbery by threatening illegal act; notes: "In England, and perhaps in this country, in the absence of statute, a threatening charge of sodomy [unspecified] is the only threat of prosecution for a crime from which can be inferred the fear necessary to constitute the crime of robbery"). Texas.

1897, Nov 1: Honselman v. People, 168 IL 173, 48 N.W. 304 (1897, Nov 1) ("crime against nature," penis of accuser, fourteen-and- a-half-years-old, in man's mouth). Illinois.

1897, Nov 24: Jones v. State, 38 TX Crim. 364; 43 S.W: 78 (1897, Nov 24) (libel; Irish men, employed as conductors by street car company, who discriminated against "colored ladies," were called "the descendants of Oscar Wilde [meaning that they commit the crime of sodomy]"; bracketed quote in original). Texas. Research Request: Original legal records? Tag: African American

1897, Dec 1: Bresnan v. State, 43 S.W. 111 (TX; 1897, Dec 1) ("sodomy" unspecified, man with man). Texas.

1898, Apr 20: Hawaii v. Luning, 11 HA 390 (1898, Apr 20) (attempted "sodomy," unspecified). Hawaii.

1898, Nov 4: Hawaii v. Edwards, 11 HA 571 (conviction for attempted "sodomy," man with Hawaiian, "Kui" [no sex specified]). Hawaii.

1898, Nov 30: Darling v. State, 47 S.W 1005 (TX, 1898, Nov 30) ("sodomy;' unspecified). Texas.

1899, Mar 6 [WESTLAW]; May 6 [LEXIS]): Brown v. New Jersey, 62 N.J.L. 666; 42 A. 811, 1899, Mar 6 [WESTLAW]; May 6 [LEXIS]) (murder; cites NJ law "that every person indicted for treason, murder or other crimes punishable with death, or for misprision of treason, manslaughter, sodomy, rape, arson, burglary, robbery, or forgery," was allowed to challenge peremptorily twenty jurors). New Jersey.

1899, Jan 16: Commonwealth v. J., 21 PA Co. Ct. 625 (1899, Jan 16) (attempted "buggery" with young cow). Pennsylvania.

1899, May 31: Hawaii v. Edwards, 2 HA 55 (1899, May 31) ("sodomy," unspecified; argues that 5th and 6th amendments of U.S. Constitution extended to Hawaii at time of Edwards' conviction, August 16,1898, four days after transfer of Hawaiian sovereignty to U.S.). Hawaii.

1899, Jun 15: Bishop v. Florida, 41 FL 522; 26 So. 703 (1899, Jun 15) (cites FL law: "Persons ... convicted in any court in this State of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery shall not be competent witnesses"). Florida.

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1890, May: Louisiana v. Deschamps, 7 So. 703 (1890, May) (reference to "homicide" committed while engaged in a felony "such as rape or sodomy"). Louisiana.

1891, Jun 19: Mascolo v. Montesanto, 61 CT 50; 23 Atl. 714; 29 Am. St. Rep. 170 (1891, Jun 19) (civil suit, completed "buggery"; Mascolo, twelve, by Montesanto, fifteen). Connecticut.

1898, Feb 9: McCray v. State, 8 TX Crim. 609; 44 S.W. 170 (1898, Feb 9) (assault; reference to earlier "sodomy," unspecified, of accused). Texas.

1859: McKean v. Folden, 2 OH Dec. 248 (1859) (slander; words charging "bestiality," "buggery," unspecified). Ohio.

1889, Feb 9: Medis v. Hill, 27 TX App. 194; 11 S.W. 112; 11 Am. St. Rep. 192 (1889, Feb 9) ("sodomy," two men with man). Texas.

1895, Sep: Meigs County Court v. Anonymous, 3 OH Dec. 450; 2 OH N.P. 342 (1895, Sep) ("sodomy," man with beast, unspecified). Ohio.

1880, Jan: Melvin v. Weiant, 36 OH St. 184; 38 Am. Rep. 572 (1880, Jan) (slander, charging "sodomy;' unspecified). Ohio.

1896, Jan 15: Mootry etal. v. State, 41 P. 1027; 109 CA 275 (1896, Jan 15) (murder; cites Medis v. State (see above), in which accused "were jointly tried for sodomy," unspecified here). California.

1888, Mar 1: Paterson v. State, 50 N.J.L. 421; 14 A. 125 (1888, Mar 1) (cites NJ law referring to "treason, murder, manslaughter, sodomy [unspecified], rape, arson, burglary, robbery, forgery, or larceny," etc.). New Jersey.

1899, Nov 29: Peak v. State, 53 S.W. 853 (1899, Nov 29) ("sodomy," unspecified). Research Request: state?

1897, May 6: People v.Boyle, 48 P 800; 116 CA 658 (1897, May 6) ("crime against nature," man in mouth of "boy," age unspecified). California.

1897, Mar 29: People v. Frey, 112 MI 251; 70 N.W. 548 (1897, Mar 29) (extortion; threat to accuse "sodomy," "bestiality"). Michigan.

1892, May 13: People v. Graney, 91 MI 646; 52 N.W. 66 (1892, May 13) ("crime against nature," man with man). Michigan.

1893, Aug 23: People v. Gleason, 99 CA 359; 33 P. 1111 (1893, Aug 23) (incest; refers to "solicitation to commit incest, adultery, or sodomy"). California.

1895, Sep 30: People v. Hickey, 41 P. 1027; 109 CA 275 (1895, Sep 30) ("sodomy," man with person, unspecified; sodomy may also involve a beast, unspecified). California.

1892, Dec 3: People v. Hodgkin, 94 MI 27 (1892, Dec 3) ("sodomy," "buggery," unspecified). Michigan.

1885, Feb 27: People v. Miller, 66 CA 468; 6 P. 99 (1885, Feb 27) ("crime against nature," man with "boy," 13). California.

1894, Aug 11: People v. Moore, 103 Cal. 508; 37 Pac. 510; (1894, Aug 11) ("crime against nature," man with man). California.

1873, Jan: People v. Murat, 45 CA 281 (1873, Jan) (reference to "assault" with intent "to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny"). California.

1893, Dec 6: People v. O'Brien, 26 N.Y.S. 812 (1893, Dec 6) ("crime against nature," man with "boy," 11). New York State.

1881 Jul: People v. Williams, 59 CA 397 (Ct. App. 1881) (1881 Jul) ("crime against nature," "sodomy," man WIth man). California.

1897, Dec 20: People v. Wilson, 51 P. 639, 119 CA 384 (1897, Dec 20) (attempted "crime against nature," man, implicitly with boy, age unspecified). California.

1893, Feb 15: Prindle v. State, 31 TX Cr. R. 551; 21 S.W. 360; 37 Am. St. Rep. 833 (1893, Feb 15) ("sodomy," "crime against nature," man in mouth of "child," age unspecified). Texas.

1898, Jun 8: Red v. State, 39 TX Crim. 414; 46 S.W. 408 (1898, Jun 8) (murder; "Appellant proposed to prove ... that the witness. . .was guilty of incest with his daughter, and was guilty of sodomy [unspecified], and had assaulted the wife of appellant, ... his granddaughter, with intent to rape her"). Texas.

1898, Jun ([LEXIS]; Nov 5 ([WESTLAW]): Roberson v. Florida, 40 FL 509; 24 So. 474 (1898, Jun ([LEXIS]; Nov 5 ([WESTLAW]) (cites FL law that "persons who have been convicted in any court . . . of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery shall not be competent witnesses"). Florida.

1898 Jul 8 ([LEXIS]; Sep 28 ([WESTLAW]): Roesel v. New Jersey, 62 N.J.L. 216; 41 A. 408 (1898 Jul 8 ([LEXIS]; Sep 28 ([WESTLAW]) (murder; cites NJ law referring to persons "committing or attempting to commit sodomy, rape, arson, robbery or burglary, or any unlawful act against the peace of this state, of which the probable consequence may be bloodshed"). New Jersey.

1899, May 2 [WESTLAW]; Jan Term [case report; LEXIS]: Simmons v. State, 41 FL 316, 25 So. 881 (1899, May 2 [WESTLAW]; Jan Term [case report; LEXIS]) (robbery; cites FL law that "Property obtained by trick or artifice, or by threats of illegal arrest, criminal prosecution, or insinuations against character, except they relate to sodomitical practices, is not taken by 'putting in fear'"). Florida.

1896, Jun ([LEXIS]; Nov 17 [WESTLAW]: Singleton v. State, 38 FL 297; 21 So. 21 (1896, Jun ([LEXIS]; Nov 17 [WESTLAW]) (quotes section of FL law "that persons convicted ... of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy, or buggery shall not be competent witnesses"). Florida.

1867: State v. Campbell, 29 TX 44; 94 Am. Dec. 251 (1867) ("crime against nature," "sodomy," man with mare). Texas. Original legal records cited as: Warren Campbell . . . v. Texas. October 19, 1866. Filed November 27, 1866. Texas State Archives, Austin. Copy available in the papers of Jonathan Ned Katz, New York Public Library, Rare Books and Manuscripts Division.

1890 Dec 1: State v. Chandonette, 10 MT 280; 25 P. 438 (1890 Dec 1) ("crime against nature," unspecified). Montana.

1895, Jun 3: State v. Desforges, 47 LA Ann 1167; 17 S. 811 (1895, Jun 3) (attempting to prevent witness from testifying; court quotes Wharton that solicitations to commit a crime "are indictable . . . when they are . . . offences against public decency, as in the case with solicitations to commit sodomy"). Louisiana.

1897, Sep 7: State v. Dolan, 17 WA 499; 50 P. 472 (1897, Sep 7) (murder; citing WA law referring to "assault with intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny"). Washington.

1890, Oct: State v. Frank, 103 MO 120; 15 S.W. 330 (1890, Oct) (attempted "sodomy," man with dog). Missouri.

1860, Dec: State v. Gray, 8 Jones (N.C.) 170 (1860, Dec) (reference to "buggery;' unspecified, in case of "carnally knowing and abusing an infant female under the age of ten years"). North Carolina.

1876, Dec: State v. Grusso, 28 LA Ann. 952 (1876, Dec) ("crime agaInst nature," man with man). Louisiana.

1899, May 6: State v. LaForrest, 45 A. 225 (Sup. Ct.); 71 VT 311 (1899, May 6) ("sodomy,"' unspecified). Vermont.

1893, Feb.18: State v. Place, 5 Wash. 773 (1893, Feb.18) (attempted "crime against nature," "sodomy," man with man). Washington.

1899, Jun 22: State v. Romans, 57 E 819, 21 WA 284 (1899, Jun 22) (attempted "crime against nature," "buggery," man with man). Washington.

1897, Jan 19: State v. Smith, 38 S.W. 717 (MO; 1897, Jan 19) (attempted "sodomy or buggery," man with "boy," age unspecified). Missouri.

1882, Jan: State v. Williams, 34 LA Ann. 87 (Sup. Ct. 1882) (1882, Jan) ("crime against nature," unspecified). Louisiana.

1897, Jun 25: Stewart v. Major, 17 WA 238; 49 E 503 (1897, Jun 25) (libel; quotes section of WA Code referring to "words falsely spoken of any person charging such person with incest or the infamous crime against nature either with mankind or the brute creation"). Washington.

1894, May 5: Strange v. State, 33 Tex. Crim. 315; 26 S.W 406 (1894, May 5) (extortion by threat of criminal prosecution for "crime against nature," "sodomy" with beast, unspecified). Texas.

1899, Nov 29: Stratham v. State, 53 S.W. 847 (1899, Nov 29) ("sodomy," unspecified). Research Request: state?

1878, Jan: Territory v. Mahaffey, 3 MT 112 (1878, Jan) ("crime against nature," man with "boy," 14). Montana.

1894, Jun 26: Thibault v. Sessions and Phipps, 101 MI 279; 59 N.W. 624 (1894, Jun 26) (libel/slander; teacher accused of "sodomy" with students, sex, age unspecified; "bestiality" referenced). Michigan.

1832, Mar: United States v. Gallagher, 25 F. Cas. 1241 (1832, Mar) (cites PA law re rape, murder, or attempted "crime against nature"). Pennsylvania.

1860, Dec 14: Vieira v. Sowle, 2 HA 346 (1860, Dec 14) ("sodomy"; man with "boy," age unspecified). Hawaii.

1899, Dec 19: Waits v. State, 54 S.W. 1103 (1899, Dec 19) ("sodomy," unspecified). Research Request: state?

1899, Apr 24: Wells v. New England Mutual Life Insurance, 191 PA 207; 43 A. 126 (1899, Apr 24) (abortion; Court quotes its earlier decision that abortion "violates the mysteries of nature in that process by which the human race is propagated. It is a crime against nature which obstructs the fountain of life...."). Pennsylvania.

1895, Sep 19: Williams v. Commonwealth, 22 S.E. 859 (VA; 1895, Sep 19) ("buggery," unspecified, by boy, between 10-12). Virginia.

1899, Oct 11: Willson v. State, 53 S.W. 112 (TX; 1899, Oct 11). ("sodomy," unspecified). Texas.

1885, Jun 15: Wood et al. v. State, 47 N.J.L. 180 (1885, Jun 15) (cites NJ law re "murder, manslaughter, sodomy [unspecified], rape, arson, burglary, or robbery"). New Jersey.

1825, Dec: Woolcottv. Goodrich, 3 Cow. 714 (NY; 1825, Dec) (slander; words charging "He has been with a sow"). (See also Goodrich v. Woolcott). New York State.

1896, Jan 22: Wright v. State, 35 TX Crim. 367; 33 S.W. 973 (1896, Jan 22) ("sodomy," unspecified). Texas.

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