Almaguer v. State

DAVIDSON, Judge.

The indictment contains three counts, the first charging the crime of incest with the daughter of appellant; the second charges a violation of Art. 535c, Vernon’s P. C., punishing indecent exposure to a child; the third charges a violation of Art. 535d, Vernon’s P. C., punishing the handling or fondling of a child’s sexual parts.

After the close of the evidence the trial court withdrew from the jury’s consideration, and thereby dismissed, the count charging incest. The second and third counts were submitted to the jury, and a conviction was by the jury predicated upon the…