Court of Criminal Appeals of Texas, 1958

Demoneshea v. State

Demoneshea v. State
Court of Criminal Appeals of Texas · Decided June 18, 1958 · Davidson
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

DAVIDSON, Judge.

This is a conviction for aggravated assault, with punishment assessed at one year in jail.

*417The charge as contained in the information was assault by an adult male upon a child. Art. 1147, Sec. 9, Vernon’s Annotated Penal Code.

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.

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