Demoneshea v. State
This text of 166 Tex. Crim. 494 (Demoneshea v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
166 Tex. Crim. 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demoneshea-v-state-texcrimapp-1958.