Havens v. State

MiNOR W. Millwee, Justice.

Appellant was convicted of the crime of sodomy and his punishment fixed at 5 years in the penitentiary. The victim of appellant’s alleged perverted lust was a ten-year-old boy.

The first five assignments in the motion for new trial challenge the sufficiency of the evidence to support the verdict and judgment, and allege error in the overruling of appellant’s motion for a directed verdict at the conclusion of the State’s testimony.

The evidence on behalf of the state is briefly as follows : On the night of October 7,1949, Jimmy, the 10-year-old lad, a 13-year-old…