Mireles v. State

The Thirteenth Court of Appeals reversed appellant’s conviction in this case and ordered a judgment of acquittal to be entered because the evidence was not sufficient to prove that appellant committed the charged offense “on or about December 15, 1990.” Mireles v. State, 878 S.W.2d 245 (Tex.App.—Corpus Christi 1994). Acknowledging that the law permits conviction upon proof that the offense occurred anytime within the statutory period of limitation applicable to indecency with a child, the Court nevertheless held that the jury was bound to acquit under the instructions it had actually been…