1 The plaintiff in error Don L. Mooney, 57 years old, defendant below, was charged in the Superior Court of Okmulgee county, Oklahoma, with having on or about January 13, 1952 committed against Myrtle Ann Dailey, a child under 14 years of age, the crime of lewdly, and lasciviously touching and feeling of the private parts of said child, she being 9 years of age. The offense was allegedly committed in the city of Okmulgee, Oklahoma, in the Orpheum Theatre where the defendant enticed the said child to go with him. Title 21 O.S. 1951 ? 1123 [21-1123]. The defendant was tried by a jury, found guilty, and his punishment fixed at 1 year in the state penitentiary; judgment and sentence was entered accordingly from which this appeal has been perfected.