Ferguson v. State

OPINION

QUENTIN KEITH, Commissioner.

Appellant was indicted for deviate sexual intercourse with a child who was under the age of seventeen years. Y.T.C.A., Penal Code, Sec. 21.10. Prior to trial, a jury determined that he was competent to stand trial. Whereupon, appellant waived a jury and was found guilty in a bench trial with his punishment being assessed at four years.

Although the appellant does not challenge the sufficiency of the evidence, his confession coming to us without challenge, we summarize the evidence only to the extent necessary to bring the grounds of error into proper focus.…