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Gonzales v. State

56 S.W.2d 879, 122 Tex. Crim. 543, 1933 Tex. Crim. App. LEXIS 49
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 1, 1933
DocketNo. 15574.
StatusPublished
Cited by3 cases

This text of 56 S.W.2d 879 (Gonzales 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.

Bluebook
Gonzales v. State, 56 S.W.2d 879, 122 Tex. Crim. 543, 1933 Tex. Crim. App. LEXIS 49 (Tex. 1933).

Opinion

LATTIMORE, Judge.

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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Related

Huggins v. State
544 S.W.2d 147 (Court of Criminal Appeals of Texas, 1976)
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75 P.R. 716 (Supreme Court of Puerto Rico, 1954)
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75 P.R. Dec. 760 (Supreme Court of Puerto Rico, 1954)

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Bluebook (online)
56 S.W.2d 879, 122 Tex. Crim. 543, 1933 Tex. Crim. App. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzales-v-state-texcrimapp-1933.