Sandig v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for indecency with a child, V.T.C.A., Penal Code Sec. 21.11; punishment was assessed by the court at ten years.

In his first ground of error appellant asserts the jury charge contains fundamental error in that it authorizes conviction on theories not alleged in the indictment. Sec. 21.11, supra, in relevant part provides:

“(a) A person commits an offense if, with a child younger than 17 years and .not his spouse, whether the child is of the same or opposite sex, he:(1) engages in sexual contact with the child; ...”

Sexual contact as defined…