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SUMNER v. STATE

No. 47022.

503 S.W.2d 773 (1974)

Zane Harvey SUMNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 30, 1974.

Attorney(s) appearing for the Case

Gerald K. Fugit, Odessa, for appellant.

John Green, Dist. Atty., and Don E. Williams, Asst. Dist. Atty., Odessa, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for fondling. After the jury returned a verdict of guilty, punishment was assessed by the court at twenty-five (25) years.

In his sole contention, appellant urges that the trial court erred in allowing ten-year-old Tanya Sumner to testify.

Appellant urges that the trial court did not question the minor about her understanding of the oath nor was the witness asked questions that...

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