Massengale v. State

Banke, Judge.

The defendant appeals his conviction for child molestation.

The indictment alleged that the offense was committed “between June 1, 1979, and July 15, 1979, the exact date being unknown.” The defendant contends that this failure to allege the specific date of the offense rendered the indictment fatally defective and that the court consequently erred in denying his “special demurrer” to it. He further contends that the evidence did not support the verdict and that the trial court erred in failing to give his requested charge on simple battery as a lesser included offense. Held:

Decide…