Kirkpatrick v. State

HOWELL, Justice.

Appellant was convicted by a jury of indecency with a child. The trial court assessed punishment at ten years’ confinement. We reverse and remand on a holding that it was error to allow expert opinion to the effect that the child complainant was telling the truth.

The prosecution was based on an incident allegedly occurring on March 24, 1986. Appellant, who was retired, lived with his common-law wife; she provided day care for children in her home. The seven-year-old complainant testified that, shortly after lunch, the common-law wife and the other children took a nap, but that…