Patterson v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Judge.

Our opinion on original submission affirming the conviction is hereby withdrawn and the following is substituted in lieu thereof.

The offense is indecent fondling; the punishment, assessed by the court after a verdict of guilty, 10 years in the Texas Department of Corrections.

The 7-year-old prosecutrix testified that while she was riding a borrowed boy’s bicycle on July 18, 1968, in the city of Ned-erland, the appellant stopped his automobile alongside her bicycle and asked the location of Lamar Street; that he reached out the car window…