HARALSON, J.
“If a man takes improper liberties with, the person of a female, or indecently fondles her without her will and consent, he is guilty of an assault and battery.”—1 McClain’s Crim. Law, § 238; 2 Am. & Eng. Ency. Law (2d ed.), 975; Balkum v. The State, 115 Ala. 117.
Under the undisputed evidence in the case, the defendant was guilty of an assault 'and battery on the person of the party on whom the offense was committed, and the court properly so found.
Affirmed.