Demoneshea v. State
Demoneshea v. State
316 S.W.2d 416; 166 Tex. Crim. 494; 1958 Tex. Crim. App. LEXIS 4668
(South Western Reporter, Second Series)
Demoneshea v. State
Opinion of the Court
This is a conviction for aggravated assault, with punishment assessed at one year in jail.
Under such allegation the burden was upon the state to prove that the alleged injured party was a child and that the appellant was an adult male.
The state failed to prove either that the injured party was a child or that the appellant was an adult male.
The evidence being insufficient to support the conviction, the judgment is reversed and the cause is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.