Rankin v. State

OPINION

MEYERS, J.,

delivered the unanimous opinion of the Court.

Appellant was charged by indictment with “intentionally or knowingly, by omission, causing] serious bodily injury to Joseph Rankin, a child younger than 15 years of age, by failing to cover a septic tank containing liquid, at a time when the defendant had assumed care, custody, or control of Joseph Rankin or had a legal duty to act because the defendant was the mother of Joseph Rankin.” See Tex. Pen. Code § 22.04(a)(1) & (b). The second paragraph of the indictment alleged that appellant “use[d] or exhibited] a deadly weapon,…