State v. Derry

Tbe instant indictment is based on a statute which, in substance, provides that “any person over 18 years of age who shall willfully commit any lewd, immoral, or lascivious act in the presence, or upon or with the body or any part or member thereof, of a child of the age of 16 years or under, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, or of such child, or of corrupting the morals of such child, shall be punished” as provided in said statute. Section 13184, Code of 1924.

It is shown that the defendant is more than 18 years of…