Castillo v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for injury to a child. V.T.C.A., Penal Code Sec. 22.04. Punishment was assessed at imprisonment for twenty years.

Appellant first contends that the instant indictment was fundamentally defective in that it failed to allege that he committed the offense “by act” or “omission” as prescribed by the statute. 1 We must reject this contention.

The indictment alleged that appellant engaged in conduct that caused serious bodily injury to a child. “Conduct” includes “an act or omission.” See V.T.C.A., Penal Code Sec. 1.07(a)(8). Hence the allegation…