¶1dissenting.
¶2The indictment alleges that appellant caused a named person under the age of seventeen to commit prostitution. No motion to quash the indictment on the ground relied upon by the majority for the dismissal of the prosecution was filed. The appellant knew what he was charged with and made no complaint that the indictment was defective. It is difficult to conceive how one could cause someone to commit prostitution without knowing it. V.T.C.A., Penal Code, Section 43.05(a)(2), provides that one is guilty if by any means he causes a person younger than seventeen years to commit prostitution.
¶3Absent a motion to set aside or to quash the indictment, the prosecution should not be dismissed.