Elder v. State

OPINION

Opinion by:

PAUL W. GREEN, Justice.

Frances Elder lived with Bert Timms who was on probation for indecency with a child. After Timms assaulted Elder’s daughter, Elder was indicted with endangerment of a child. A jury convicted Elder, and the trial court sentenced her to two years confinement, probated for five years, plus twenty days in jail. On appeal, Elder contends there is no evidence she placed her child in imminent danger. We agree. Accordingly, we reverse the trial court’s judgment and render a judgment of acquittal.

Background

In 1993, Timms was placed on eight years deferred…