TOMLINSON, Special Justice.
Sissom's appeal is from the action of the Trial Judge in overruling his motion for a new trial and upholding the verdict of the jury convicting him of assault and battery upon a girl five (5) years of age "with the felonious intent then and there to unlawfully sexually molest or fondle her, but with no intent to carnally know her". Punishment was fixed at a period of confinement in the penitentiary for not less than one nor more than five...
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