Rogers v. State

MORRISON, Presiding Judge.

The offense is the unlawful fondling of the breast of a female under the age of fourteen years; the punishment, 5 years.

Our original opinion is withdrawn.

*261No statement of facts accompanies the record.

Bill of Exception No. 1 as qualified by the court reflects that 46 jurors answered present and qualified for service when the appellant’s case was called for trial on April 22, 1955. Of this number 8 were women. The court announced that “on occount of the fact that the legislature had not enacted any law at the time authorizing the separation of women and men jurors” that…