Jones v. State

WOODLEY, Judge.

Appellant was convicted of fondling a child’s sexual parts, an offense defined by Acts of the 51st Leg., 1st Called Session, p. 52, Ch. 12, now Art. 535d, Vernon’s Ann. P.C. His punishment was assessed by the jury at three years’ confinement in the penitentiary.

The injured party was a girl four years old. Appellant was a married man 48 years of age.

The trial court held that the child was too young and immature to testify, and the state relied upon the testimony of the mother of the injured party and the confession of the appellant.

The mother testified that her family consisted…