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MURK v. STATE

No. 05-88-01100-CR.

775 S.W.2d 415 (1989)

Ronald G. MURK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 6, 1989.

Attorney(s) appearing for the Case

Rick L. Cohen, Mindy D. Cohen, Dallas, for appellant.

Kathleen A. Walsh, Dallas, for appellee.

Before STEWART, BAKER and KINKEADE, JJ.

BAKER, Justice.

In this public lewdness case, we hold that the State's amendment of the information rendered it fundamentally defective by deleting an essential element concerning intent. We set aside the conviction and order the information dismissed.

The information originally charged that appellant:

knowingly engage[d] in an act of sexual contact with Albert Pagan, hereinafter called other person, said sexual contact being a touching of the genitals...

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