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MORGAN v. STATE

No. 041-84.

692 S.W.2d 877 (1985)

Danny Marshall MORGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 10, 1985.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Dist. Atty. and Deborah E. Harris and David Lewis, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATES'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was indicted for the offense of indecency with a child in that on November 28, 1981 he "did unlawfully, knowingly and intentionally engage in sexual contact with [complainant], a child then younger than 17 years, and not then the spouse of [appellant], by contact between the hand of [appellant] and the genitals of complainant, with the intent to arouse and gratify the sexual...

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