Thorn v. State

OPINION

JACKSON, Commissioner.

Appellant plead nolo contendere before the court to the offense of fondling the sexual parts of a ten year old girl with lascivious intent; the punishment five (5) years.

His' first ground of error is that the record shows he was convicted on a date prior to the return of the indictment.

He was tried on May 26, 1972. While it is true that the order reciting the return of the indictment shows it to have occurred on November 29, 1972, the order receiving same shows the date to be November 29, 1971. The indictment shows to have been filed on November 29, 1971, as does…