Gonzales v. State
Court of Criminal Appeals of Texas
Gonzales v. State, 56 S.W.2d 879 (Tex. Crim. App. 1933)
122 Tex. Crim. 543; 1933 Tex. Crim. App. LEXIS 49
Lattimore
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.
Reference
- Full Case Name
- Simon Gonzales v. the State
- Cited By
- 3 cases
- Status
- Published