Hurt v. State

The forty-year old appellant was indicted and convicted for child molestation by fondling the penis of a male child under sixteen years of age. Section 13-1-113, Code of Alabama 1975. The trial judge sentenced the appellant to three years' imprisonment.

Two questions are presented for review on appeal. Both stem from the improper comments of the Deputy District Attorney.

At the time of the crime Jerry was thirteen years old. On July 6, 1977, Jerry, his mother, his sister and her husband were spending the night at the home of his other sister in Woodmere, a residential section of Montgomery,…