Alberts v. State

OPINION

WOODLEY, Presiding Judge.

The offense is fondling; the punishment, 12 years.

The record reflects that the complaining witness, an eleven year old girl, was nine years of age at the time of the offense. The evidence is sufficient to support the conviction and it would serve no useful purpose to set forth the facts and circumstances surrounding this case.

Appellant’s first ground of error complains that the trial court erred in denying his motion to quash the indictment on the ground that Article 535d Vernon’s Ann. P.C. is unconstitutional.

This court has held that the statute in question…