BALLARD v. STATE

No. 43375.

464 S.W.2d 861 (1971)

Emmitt Alfred BALLARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 7, 1971.


Attorney(s) appearing for the Case

John K. Coil, Dallas (court appointed), for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry T. Schulz, Jr., Edgar A. Mason and W. T. Westmoreland, Jr., Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is fondling; the punishment, fifteen (15) years.

We are met at the outset with appellant's objection to the charge because it failed to limit the jury's consideration of appellant's written statement for the purpose of impeachment and to infer or show intent.

While testifying on cross-examination, the appellant stated that he had not had intercourse with Kathy, the prosecutrix, who was his ten year old...

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