JONES v. STATE

No. 25000.

238 S.W.2d 529 (1951)

JONES v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied April 25, 1951.


Attorney(s) appearing for the Case

Scarborough, Yates, Scarborough & Black, Dallas Scarborough, Abilene, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


WOODLEY, Commissioner.

Appellant was convicted of fondling a child's sexual parts, an offense defined by Acts of the 51st Leg., 1st Called Session, p. 52, Ch. 12, now art. 535d, Vernon's Ann. P.C. His punishment was assessed by the jury at three years confinement in the penitentiary.

The injured party was a girl four years old. Appellant was a married man 48 years of age.

The trial court held that the child was too young and immature to testify, and...

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