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MURPHY v. STATE

No. 10-98-131-CR.

4 S.W.3d 926 (1999)

Timothy MURPHY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

November 24, 1999.

Attorney(s) appearing for the Case

Walter M. Reaves, West, Texas, for appellant.

John W. Segrest, Dist. Atty., Beth Toben, Asst. Dist. Atty., Waco, Texas, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

GRAY, Justice.

This case illustrates one of the usual defenses to aggravated sexual assault when the victim is very young—"I touched her but there was no penetration." The central issue in this appeal is what evidence is legally and factually sufficient to support the conviction? Is the victim's testimony that "he touched my private" enough? When you add to the victim's testimony a doctor's testimony regarding the anatomy of the female sexual...

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