Murphy v. State
Texas Court of Appeals, 10th District (Waco)
1Opinion of the Court
OPINION
GRAY, Justice.
This case illustrates one of the usual defenses to aggravated sexual assault when the victim is very young — “I touched her but there was no penetration.” The central issue in this appeal is what evidence is legally and factually sufficient to support the conviction? Is the victim’s testimony that “he touched my private” enough? When you add to the victim’s testimony a doctor’s testimony regarding the anatomy of the female sexual organ, is that enough? What if you add the testimony of the victim’s mother that she saw the appellant on the couch with his hand between the…
2Cases cited23 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Clewis v. StateCourt of Criminal Appeals of Texas · 1996
- Cain v. StateCourt of Criminal Appeals of Texas · 1997
- Turro v. StateCourt of Criminal Appeals of Texas · 1993
- Lane v. StateCourt of Criminal Appeals of Texas · 1996
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3Cited by55 opinions
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- Abraham Alberto Vizcarra v. State, Texas Court of Appeals, 3rd District (Austin)2008
- Abraham Alberto Vizcarra v. State, Texas Court of Appeals, 3rd District (Austin)2008
- Andrew William Gossett v. State, Texas Court of Appeals, 13th District2001
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