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MacGilfrey v. State

A child abuse victim's "outcry statement" which did not include an actual date or time frame of the occurrence described in the statement is admissible under Article 38.072 of the Texas Code of Criminal Procedure.

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OPINION

A jury found appellant Vincent Kenneth MacGilfrey guilty of aggravated sexual assault *fn1 of a child (M.L.) and assessed his punishment at fifty years in the Texas Department of Criminal Justice -Institutional Division.

Raising a single issue on appeal, MacGilfrey contends the trial court abused its discretion in finding that the victim’s “outcry statement” was admissible under Article 38.072 of the Texas Code of Criminal Procedure. Specifically, he maintains the outcry statement “did not contain enough specificity,” since it failed to mention any time frame within which the alleged act occurred.

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