Dix v. State

OPINION

GALBREATH, Judge.

The plaintiff in error appeals from a conviction in the Shelby County Criminal Court of assault and battery with intent to unlawfully fondle a child under the age of twelve (12) years and the judgment of the court on the verdict of the jury fixing punishment at five (5) years in the penitentiary.

We previously reversed a conviction for crime against nature by inserting the penis into the anus of the victim, a five year old son of the defendant, because the evidence adduced at the trial of that cause did not prove penile penetration, but on the contrary proved that such…