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I am indicting an injury to a child SBI by starvation. How should I allege the date of the occurrence in the indictment? Is it alleged as a continuing course of conduct?
 
Posts: 131 | Location: Hondo, Texas | Registered: November 25, 2002Reply With QuoteReport This Post
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I remember several years ago, Bexar County had a highly publicized case about a grandmother who starved her grandchild/ren. Just can't remember the defendant's name. Bet if you called over there, someone could help you out.
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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In 2008, we had a case in which we alleged starvation/malnourishment, kids were still alive just severly malnourished. I'm pretty sure we alleged the date they were removed since it is on or about and a continuing course of conduct. We never got an objections regarding our dates as they were charged. State of Texas v. Cesar Mojica & State of Texas v. Sara Amaya. Cesar's case was affirmed by the appellate court, so you could read the opinion from the 3rd Court of Appeals.
 
Posts: 9 | Location: San Marcos, Texas | Registered: January 18, 2007Reply With QuoteReport This Post
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I tried a starvation case back in 2001. I'm with Sherry. We alleged the date she was removed and the abuse was discovered. Since it's "on or about", an exact date doesn't really matter.
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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You might try contacting the Nueces County DA's office. Back in July they tried a case against two women for nearly starving a child to death (guilty verdicts on both defendants). It was all over the news in Corpus Christi when I was there for a conference.

Janette A
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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