WHATLEY v. STATE

No. 45453.

488 S.W.2d 422 (1972)

Chester Lacy WHATLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.


Attorney(s) appearing for the Case

Lloyd W. Westerlage, Dallas, for appellant.

Henry Wade, Dist. Atty., and W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for fondling. Punishment was assessed by the jury at twenty-five years.

At the outset, appellant contends that the court failed to properly examine the competency of three minor children who testified adversely to appellant.

Appellant complains that the court failed to conduct an examination into the competency of prosecutrix, aged eleven, and two other children, aged nine and...

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