State v. Mathews

COIL, Commissioner.

A jury found the defendant A. V. Mathews guilty of molesting a minor and fixed his punishment at 60-days’ imprisonment in the county jail and a fine of $500. He contends on appeal from the ensuing judgment that the trial court erred in overruling his motion for judgment of acquittal, in the giving and refusing of instructions, and in permitting allegedly prejudicial jury argument by the state’s attorney.

The evidence, considered favorably to the state, justifies the following statement. Prosecutrix, an 11-year-old girl (12 at trial time), was swimming with her girl cousin in…