Arvay v. State

CARVER, Justice.

Fred Arvay appeals his conviction of indecency with a child, a violation of Section 21.11(a)(1) of the Texas Penal Code, for which he received a 5 year probated sentence. We affirm.

Arvay’s first ground of error is that the trial judge committed reversible error in eliciting from Thomas J. Holbein, Sr., the complainant’s father, hearsay testimony made by the complainant, Thomas J. Holbein, Jr. It is argued that the out of court statement made to Holbein, Sr., by his son, that Arvay had been “feeling him up,” is inadmissible hearsay. It is well established that a hearsay…