Wainwright v. Stone, 414 U.S. 21 (1973)

Wainwright v. Stone

No. 73-122

Decided November 5, 1973
414 U.S. 21

APPEAL FROM THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Florida statutory provision proscribing "the abominable and detestable crime against nature, either with mankind or beast . . . ," in light of the State Supreme Court’s longstanding construction as applying to copulation per os and per anum, held not unconstitutionally vague; and that court’s later ruling after appellees’ convictions for those offenses had become final holding the statute void for vagueness as applied to oral and anal sexual activity did not require reversal of appellees’ convictions, since the subsequent ruling was prospective only, and, at the time appellees committed the acts, they were on clear notice that their conduct was criminal under the statute as then construed.

478 F.2d 390, reversed.