Maurice Samuel Cunningham, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals reversed the Court of Appeals and affirmed the trial court's conviction of Cunningham for indecency with a child, holding that the offense is a lesser included offense of the aggravated sexual assault charged and that the indictment need not allege the specific intent element. The Court reasoned that the trial court had jurisdiction to convict on the lesser offense and that the evidence presented was sufficient to infer the required specific intent.