Gonzales v. State
Gonzales v. State
56 S.W.2d 879; 122 Tex. Crim. 543; 1933 Tex. Crim. App. LEXIS 49
(South Western Reporter, Second Series)
Gonzales v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.