Gonzales v. State
56 S.W.2d 879
Procedural entryThis page is a short order in Gonzales v. State. Read the opinion of the Court — 114 Tex. Crim. 104 →
Opinion
Conviction for assault with a prohibited weapon; punishment, six months in the county jail.
The indictment in this ease is insufficient. It fails to allege that the assault was “wil-fully” made. Such averment is necessary. Johnson v. State, 101 Tex. Cr. R. 217, 275 S. W. 714; Moore v. State, 112 Tex. Cr. R. 414, 16 S.W.(2d) 1089; Ham v. State, 118 Tex. Cr. R. 271, 40 S.W.(2d) 152.
The judgment will be reversed, and the prosecution ordered dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Gonzales v. State, 56 S.W.2d 879 (Tex. 1933).
56 S.W.2d 879 (Gonzales v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Moore v. State
16 S.W.2d 1089 (Court of Criminal Appeals of Texas, 1929)
Ham v. State
40 S.W.2d 152 (Court of Criminal Appeals of Texas, 1931)
Johnson v. State
275 S.W. 714 (Court of Criminal Appeals of Texas, 1925)