Jones v. State

BEAUCHAMP, Judge.

The appellant was convicted of a statutory offense and assessed the minimum penalty of five years in the penitentiary.

*427The prosecuting witness is a young girl whose age is estimated variously by its mother as from seven to twelve years. It is shown that she is in school and that she knows the given name of her teacher. The county health officer who testified in the case gave his estimate that she was eight or nine years of age and that she was of low mentality. He did not believe that she knew right from wrong, but his description of her placed her as a child a little less…