Smith v. State

OPINION

KEASLER, J.,

delivered the unanimous opinion of the Court.

A jury found Joseph Denver Smith guilty of indecent exposure. Before trial, the judge denied Smith’s motion to quash, which alleged that the information was fundamentally defective for failing to allege the act or acts relied on to constitute recklessness. We hold that the First Court of Appeals erred in affirming the trial judge’s denial 1 and conclude that the defect in the information was a substance defect. We therefore reverse and remand the case to the court of appeals to determine what, if any, harm analysis applies.

Facts

Ho…