Daniel Matthew Bible v. The State of Texas

Summary

The Texas Court of Appeals, Third District, affirmed Daniel Matthew Bible’s convictions for two counts of indecency with a child by contact. The court held that the cumulative evidence, including the child’s descriptions and demonstrations, supported the jury’s finding that Bible touched the child’s breast with the requisite sexual intent.

Holdings

1. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that Bible touched Luna's breast, even though Luna did not use the word breast and answered no when asked whether he touched her breast.
2. The evidence was sufficient for a rational jury to infer that the touching was committed with the intent to arouse or gratify a person's sexual desire.

Questions Presented

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that Bible touched Luna's breast as required for indecency with a child by contact.
2. Whether the evidence was sufficient to establish that the touching was committed with the intent to arouse or gratify a person's sexual desire.

Disposition

affirmed