PEGODA v. STATE

No. 44053.

470 S.W.2d 675 (1971)

Herman E. PEGODA, Appellant, v. The STATE of Texas, Appellee

Court of Criminal Appeals of Texas.

September 16, 1971.


Attorney(s) appearing for the Case

Percy Foreman, Houston (on appeal only), for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Frank Price, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

This is an appeal from a conviction for the offense of fondling. Punishment was assessed by a jury at 10 years.

Prosecutrix, a female child 12 years of age, testified that her grandfather, the appellant, with whom she was staying while her mother was in the hospital, took her clothing off the evening in question, and "opened my private parts." She further testified that appellant placed his hands on her private parts and that...

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