Gonzales v. State

Conviction for assault with a prohibited weapon; punishment, six months in the county jail.

The indictment in this ease is insufficient. It fails to allege that the assault was “wil-fully” made. Such averment is necessary. Johnson v. State, 101 Tex. Cr. R. 217, 275 S. W. 714; Moore v. State, 112 Tex. Cr. R. 414, 16 S.W.(2d) 1089; Ham v. State, 118 Tex. Cr. R. 271, 40 S.W.(2d) 152.

The judgment will be reversed, and the prosecution ordered dismissed.