Morgan v. State

WOODLEY, Judge.

The conviction is for aggravated assault upon a sheriff engaged in the performance of his official duties, the punishment six months in jail.

Appellant was intoxicated on the streets of the town of Van, in Van Zandt County. Deputy Sheriff E. L. Smith attempted to arrest him at Dick Fowler’s filling station but appellant resisted arrest, cursed and said that he would not go with the officer. A telephone call was placed for the sheriff.

When the sheriff arrived he saw appellant coming up the sidewalk “staggering drunk.” He got out of his car and told appellant he would have to take…