St. John v. State

HARPER, Judge.

Appellant was convicted of making an aggravated assault on a little girl, and his punishment assessed at one year imprisonment in the county jail.

We agree with State’s counsel in the contention that it is immaterial whether or not appellant had the girl’s consent, she being only nine years of age. Being of that tender age, even if he had her consent, it would not authorize him to fondle her person in an indecent manner, and the cases of Knight v. State, 48 Texas Crim. Rep., 41; Rogers v. State, 40 Texas Crim. Rep., 355; Hill v. State, 37 Texas Crim. Rep., 279, and Scroggins v.…