Thompson v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for fondling of a male under fourteen years of age. Punishment was assessed by the jury at twelve (12) years.

Appellant’s sole contention is that the court erred in refusing his requested instruction to the jury that the thirteen-year-old victim and the fourteen-year-old witness were accomplice witnesses as a matter of law.

The record reflects that brothers Mike, aged thirteen, and Terry, aged fourteen, first met appellant on May 28, 1972, when appellant employed the boys to cut weeds behind a garage where appellant worked. During the…