Fannin v. State

DICE, Judge.

The conviction is for indecent exposure to a child under sixteen years of age, in violation of Art. 535c, V.A.P.C.; the punishment, 15 years.

Appellant insists that the court erred in overruling his motion for an instructed verdict because the state failed to prove the date on which the offense was committed, and particularly that it was committed within the period of limitation.

The only evidence in the record relative to the time when the offense was committed is found in the testimony of the prosecuting witness. From her testimony we quote:

“Q. I am going to ask you, Mary Lou, if…