State v. Trueax

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, where the indictment was captioned “Sodomy in the Second Degree,” but the body of the indictment alleged facts that constituted sodomy in the third degree, the trial court erred in convicting the defen- dant of sodomy in the second degree
• describing proper disposition where the defendant concedes guilt of properly charged crime
• discrepancy between caption of indictment charging sodomy in third degree, required remand for entry of conviction for sodomy in third degree, not new trial
• where the indictment was captioned “Sodomy in the Second Degree” but tracked the language of the third-degree sodomy statute, the appropriate remedy was to remand to the trial court with instructions to enter a judgment convicting the defendant of third-degree sodomy and for resentencing

Source: CourtListener parenthetical corpus (CC0).