Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Tony Edmond, Appellee

October 2, 19961996 Tex. Crim. App. LEXIS 204

Summary

The Court affirmed the appellate court's holding that the phrase “that he knows is unlawful” modifies “mistreatment” under Tex. Penal Code § 39.02(a)(1), but reversed the appellate court on the issue of whether an indictment must further describe “unwelcome sexual advances” and “request for sexual favors,” holding that the statutory definition provides sufficient notice. The Court remanded for further proceedings consistent with this opinion. Justice OVERSTREET dissented, arguing the Court of Appeals was correct on all issues, and Justice BAIRD concurred in part and dissented in part, agreeing with the first holding but disagreeing with the second.