Soto v. State

OPINION

CLINTON, Judge.

Though this is an appeal from an order revoking probation the sole ground of error attacks the original indictment, asserting that it is fundamentally defective. 1 We find it is not, and will affirm the judgment.

Intending to allege the offense of aggravated assault denounced by a combination of V.T.C.A. Penal Code, §§ 22.01(a)(2) and 22.02(a)(3), 2 the scrivener averred that appellant did “intentionally, knowingly and recklessly use a deadly weapon ... and did then and there threaten ... [complainant] ... with imminent bodily injury by the use of the said deadly weapon.”…