Dunlap v. State
| Decision Date | 23 April 1969 |
| Docket Number | No. 42037,42037 |
| Citation | 440 S.W.2d 672 |
| Parties | Manuel Dee DUNLAP, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Tom Sands, Dallas, by appointment, for appellant.
Henry Wade, Dist. Atty., Malcolm Dade, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is indecent exposure to a person under the age of 16 years; the punishment, assessed by the jury, 10 years.
We shall first consider appellant's attack upon the sufficiency of the evidence to sustain the conviction. The 15-year-old prosecutrix, Delva Hernandez, testified that on Thursday morning, February 15, 1968, on her way to school from her home, a distance of some 4 1/2 blocks, she observed the appellant sitting in a green 1961 Chevrolet on the parking lot of a hospital. She related that when she reached a point parallel to the automobile the driver's door opened and she observed appellant therein without any clothes on from the waist down. She stated that she did not see his genital organs at the time but that his left hand was moving up and down. She reported the incident to her mother upon her arrival home at 4 p.m. the same day. On Monday, February 19, 1968, the prosecutrix used the same route from home to school and again observed the appellant in the same automobile in the same parking lot. This time she related that when the door was opened she observed that the appellant was nude from the waist down and she could see his male sex organ and he spoke to her. As soon as she passed the automobile and crossed the street she wrote down the automobile license number.
Linda Gonzales, a schoolmate of the prosecutrix who had been informed of the Thursday incident, testified that she preceded the prosecutrix to school along the same route on Monday, February 19, 1968. She related that when she passed the hospital parking lot she observed the appellant's green automobile and that he indecently exposed himself to her.
The following morning appellant was arrested in the same vicinity.
Testifying in his own behalf appellant claimed to have been at work as a mechanic at the time in question and he denied having ever seen the prosecutrix or Linda Gonzales before. He called his employer, an uncle, to corroborate his defense of alibi. By their verdict the jury rejected his defense of alibi and we find the evidence sufficient to support their verdict. It appears to be appellant's specific contention that the evidence was insufficient to show that he exposed himself intentionally with lascivious intent. See Article 535c, V.A.P.C. In Meredith v. State, 171 Tex.Cr.R. 359, 350 S.W.2d 550, this Court held that lascivious intent could be inferred from ...
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