Ballard v. State

OPINION

MORRISON, Judge.

The offense is fondling; the punishment, fifteen (15) years.

We are met at the outset with appellant’s objection to the charge because it failed to limit the jury’s consideration of appellant’s written statement for the purpose of impeachment and to infer or show intent.

While testifying on cross-examination, the appellant stated that he had not had intercourse with Kathy, the prosecutrix, who was his ten year old stepdaughter. He also stated that he “didn’t mess around with little children” and that he did not fondle Kathy or Joyce or any of the rest of his stepchildren.…