Tyra v. State

OPINION

MORRISON, Judge. ■

The offense is fondling of sexual parts of a female child under the age of 14 years (Article 535d, V.A.P.C.); the punishment, enhanced by two prior felony convictions, life.

Appellant’s first ground of error alleges there is a fatal variance between the allegations of the indictment and the proof adduced at trial. The portion of the indictment in question alleged that appellant “knowingly and intentionally placed his hand against the sexual part to-wit: the vagina of . . .”

The prosecutrix testified as follows:

“A He put his hand between my legs.

Q Did he place his hand…