Griffith v. State

McDONALD, Judge.

The conviction is under Art. 535d, V.A.P.C. for the offense of fondling; the punishment, 3 years’ confinement in the penitentiary.

In view of our disposition of the case a summary of the facts is unnecessary.

*149The first count of the indictment, which was the only count submitted to the jury, charged that appellant did “with lascivious intent intentionally place his hands and the fingers of his hands upon and against the sexual parts” of the female person named therein, then under the age of fourteen years.

The jury returned the following verdict which was received by the court:

“We,…