Cunningham v. State

OPINION

DIAL, Justice.

This is an appeal from a conviction for the offense of indecency with a child. Punishment was assessed at twenty (20) years’ confinement in the Texas Department of Corrections.

Appellant waived a jury, and trial was before the court on an indictment charging appellant with aggravated sexual assault. This indictment, in pertinent part, charged appellant with the offense as follows:

[A]nd on or about the 3RD day of OCTOBER, A.D., 1983, MAURICE SAMUEL CUNNINGHAM, hereafter referred to as defendant, did then and there intentionally and knowingly cause the penetration of the…