Carr v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for aggravated sexual abuse of a child. The jury assessed punishment at ninety-nine years.

In his first ground of error, Carr challenges the indictment because its return was based on hearsay testimony. In Carpenter v. State, 477 S.W.2d 22 (Tex.Cr.App.1971), we held that we will not go behind the face of an indictment it it appears to be legally valid. To permit such an attack would create two trials for a defendant in order to determine the competence of grand jury testimony. See also Baldwin v. State, 490 S.W.2d 583 (Tex.Cr.App.1973).…