Darling v. State

OPINION

Opinion by

Chief Justice MORRISS.

In Tommy Walter Darling’s jury trial for the charge of indecency with a child arising in 2004, the complainant’s trial testimony provided no evidence that Darling had been indecent with the complainant. 1 The young girl testified that Darling “touched” her only once and did not detail how or where he touched her, or provide any information to suggest that this single touch was in any way indecent.

Then there was the videotape of the complainant’s forensic interview, during which she said the “touching” occurred a “lot of times.” This videotape is…