BENJAMIN v. STATE

No. 27199.

274 S.W.2d 402 (1954)

Denzil Vern BENJAMIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 12, 1955.


Attorney(s) appearing for the Case

C. C. Divine, John Cutler, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Asst. Dist. Atty., Houston, and Wesley Dice, State's Atty., Austin, for the State.


GRAVES, Presiding Judge.

Appellant was convicted of the indecent fondling of a minor and was by the jury assessed a penalty of seven years in the state penitentiary.

The testimony shows that two minor boys, both thirteen years of age, were present in the room of the appellant; that he eventually got each one of them to take off his clothing and lie down on the bed in such room; that appellant went into the bath room, possessed himself of some vaseline, came...

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