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PATTERSON v. STATE

No. 42784.

458 S.W.2d 658 (1970)

James Charles PATTERSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Second Rehearing Denied October 28, 1970.

Attorney(s) appearing for the Case

Malcolm R. Sanders, Joe B. Goodwin, Beaumont (On Appeal Only), for appellant.

W. C. Lindsey, Dist. Atty., Lawrence J. Gist, Asst. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S MOTION FOR REHEARING

ONION, Judge.

Our opinion on original submission affirming the conviction is hereby withdrawn and the following is substituted in lieu thereof.

The offense is indecent fondling; the punishment, assessed by the court after a verdict of guilty, 10 years in the Texas Department of Corrections.

The 7-year-old prosecutrix testified that while she was riding a borrowed boy's bicycle on July 18, 1968,...

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