Tapley v. State

OPINION

DIAL, Justice.

This is an appeal from a conviction for sexual abuse of a child. The jury assessed punishment at twenty (20) years confinement and a fine.

Appellant’s first two grounds of error alleged that the trial court improperly denied his motions to quash the indictment. Appellant alleges that the indictment fails to allege a culpable mental state pursuant to TEX.PENAL CODE ANN. § 6.02(a) (Vernon 1974).

The indictment alleges that appellant engaged in the prohibited act "... with intent to arouse and gratify the sexual desire of the said TIMOTHY PATRICK TAPLEY ...”. The allegation of…