Sissom v. State

Mr. Special Justice Tomlinson

delivered the opinion of the Court.

Sissom’s appeal is from the action of the Trial Judge in overruling his motion for a new trial and upholding the verdict of the jury convicting him of assault and battery upon a girl five (5) years of age “with the feloni ous intent then and there to unlawfully sexually molest or fondle her, but with no intent to carnally know her”. Punishment was fixed at a period of confinement in the penitentiary for not less than one nor more than five years. The Statute under which he was convicted was enacted in 1961 and is carried at sec.…