Benjamin v. State

274 S.W.2d 402 (1954)

Denzil Vern BENJAMIN, Appellant,

v.

The STATE of Texas, Appellee.

No. 27199.

Court of Criminal Appeals of Texas.

December 8, 1954.

Rehearing Denied January 12, 1955.

C. C. Divine, John Cutler, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Asst. Dist. Atty., Houston, and Wesley Dice, State's Atty., Austin, for the State.

GRAVES, Presiding Judge.

Appellant was convicted of the indecent fondling of a minor and was by the jury assessed a penalty of seven years in the state penitentiary.

The testimony shows that two minor boys, both thirteen years of age, were present in…