Sumner v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for fondling. After the jury returned a verdict of guilty, punishment was assessed by the court at twenty-five (25) years.

In his sole contention, appellant urges that the trial court erred in allowing ten-year-old Tanya Sumner to testify.

Appellant urges that the trial court did not question the minor about her understanding of the oath nor was the witness asked questions that dealt with her intellect and familiarity with the transaction in question prior to her being examined before the jury.

Article 38.06, Vernon’s Ann.C.C.P.,…