FERGUSON v. STATE

No. 31865.

338 S.W.2d 454 (1960)

Myron FERGUSON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 25, 1960.


Attorney(s) appearing for the Case

W. T. Briggs, Port Arthur, for appellant.

Feagin W. Windham, Dist. Atty., James A. Morris, Asst. Dist. Atty., Orange, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is fondling; the punishment, 15 years.

The count of the indictment under which the case was submitted to the jury alleged that appellant did "unlawfully and with lascivious intent, knowingly and intentionally place his hand against a sexual part, to-wit: the vulva" of the girl named in the indictment who was alleged to be under the age of 14 years.

The girl testified that she was nine years old, but would soon be 10; that...

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