SMITH v. STATE

No. 38934.

409 S.W.2d 409 (1966)

James W. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 14, 1966.


Attorney(s) appearing for the Case

Frank Y. Hill, Jr., San Antonio, for appellant.

James E. Barlow, Dist. Atty., Charles T. Conaway, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Presiding Judge.

The offense is indecent exposure to a person under 16 years of age; the punishment, 15 years in the penitentiary.

Trial was had notice of appeal was given prior to January 1, 1966.

Witness for the State, children whose ages were between eight and fourteen years at the time of the offense, testified that they were playing near a glass-walled telephone booth located near their homes. Several of the witnesses...

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