Gottschalk v. State

DAVIDSON, Judge.

This is a conviction under the so-called fondling statute (Art. 535d, Vernon’s P. C. 1 ), with punishment assessed at ten years in the penitentiary.

The conviction was predicated upon the allegation of the indictment to the effect that appellant unlawfully and with lascivious intent placed his hand upon the sex organ of Johnny Morrow, a male person under fourteen years of age.

Morrow, thirteen years of age and in the seventh grade at school, had a newspaper route. The appellant, a doctor, lived alone in the same neighborhood and was a subscriber to the paper Morrow delivered.…