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GOTTSCHALK v. STATE

No. 25729.

248 S.W.2d 476 (1952)

GOTTSCHALK v. STATE.

Court of Criminal Appeals of Texas.

May 7, 1952.

Attorney(s) appearing for the Case

Dally & Alexander, by Jack Alexander, Borger, E. T. Miller, Amarillo, for appellant.

Robert G. Gallaway, Dist. Atty., Borger, George P. Blackburn, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

This is a conviction under the fondling statute, Art. 535d, Vernon's P.C., with punishment assessed at ten years in the penitentiary.

The decision, Tex.Cr.App., 248 S.W.2d 473 is applicable and controlling here, and will be read in connection with this opinion.

Here, the prosecuting witness Hatfield, a boy, lacked only about a month of being fourteen years of age. He lived about a block and...

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