Murk v. State

BAKER, Justice.

In this public lewdness case, we hold that the State’s amendment of the information rendered it fundamentally defective by deleting an essential element concerning intent. We set aside the conviction and order the information dismissed.

The information originally charged that appellant:

knowingly engage[d] in an act of sexual contact with Albert Pagan, hereinafter called other person, said sexual contact being a touching of the genitals through the clothing of said other person, with the hand of said defendant, with the intent to arouse and gratify the sexual desire of said…