Beavers v. State

The appellant was convicted of assault and battery — sex, involving an offense against a child “under the age of 16 with intent to gratify sexual desire.” He appeals from this conviction. The errors relied upon are contained in the motion for a new trial, and the first to be considered is that the verdict of the jury was not sustained by sufficient evidence, and was contrary to law.

The prosecuting witness was a girl of nine years. She and her mother both testified that she went alone to the store of the appellant to purchase ice cream shortly after 7:30 P.M. on August 21, 1955, which was…