Demoneshea v. State

166 Tex. Crim. 494

Opinion

DAVIDSON, Judge.

This is a conviction for aggravated assault, with punishment assessed at one year in jail.

The charge as contained in the information was assault by an adult male upon a child. Art. 1147, Sec. 9, Vernon’s P.C.

Under such allegation the burden was upon the state to prove that the alleged injured party was a child and that the appellant was an adult male.

The state failed to prove either that the injured party was a child or that the appellant was an adult male.

The evidence being insufficient to support the conviction, the judgment is reversed and the cause is remanded.