Gonzales v. State
56 S.W.2d 879, 122 Tex. Crim. 543, 1933 Tex. Crim. App. LEXIS 49
Court of Criminal Appeals of Texas·Decided February 1, 1933·No. No. 15574.·Published·Cited by 3 cases
Opinion
Conviction for assault with a prohibited weapon; punishment, six months in the county jail.
The indictment in this case is insufficient. It fails to allege that the assault was “wilfully” made. Such averment is necessary. Johnson v. State, 101 Texas Crim. Rep., 217; Moore v. State, 16 S. W. (2d) 1089; Ham v. State, 118 Texas Crim. Rep., 271.
The judgment will be reversed and the prosecution ordered dismissed.
Reversed and prosecution ordered dismissed.
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Gonzales v. State, 56 S.W.2d 879, 122 Tex. Crim. 543, 1933 Tex. Crim. App. LEXIS 49 (Tex. 1933).
56 S.W.2d 879 (Gonzales v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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