Green v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for indecency with a child. The jury assessed the punishment, enhanced by one prior conviction, at fifteen years in the Texas Department of Corrections.

In his first ground of error, appellant contends that his indictment is fundamentally defective in that it fails to allege all of the elements of the offense. Specifically, he contends that the indictment fails to allege that he committed the act with knowledge that the child was present.

V.T.C.A. Penal Code, Sec. 21.11 provides that,

“(a) A person commits an offense if, with a child…