Chance v. State

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

On original submission of this cause to Panel One for the First Quarter, 1978, the conviction for aggravated promotion of prostitution was set aside as the indictment was fundamentally defective for the failure to allege an essential element of the offense, to-wit, the culpable mental state “knowingly.”

On rehearing the State asks our reconsideration of the question. This we shall do.

V.T.C.A., Penal Code, § 43.04, provides:

“(a) A person commits an offense if he knowingly owns, invests in, finances, con*814trols, supervises, or manages a…