Price v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of deadly assault on a peace officer. Punishment was assessed at 50 years.

Appellant contends that the indictment is fatally defective because it does not allege that the assault was committed “with intent to murder.” We agree.

The record reflects that the offense was committed on October 6, 1973, and the indictment was presented March 25, 1974. The indictment charged appellant under V.T.C.A. Penal Code, Section 22.03 1 which became effective January 1, 1974, and he should have been charged under Article 1160a, Vernon’s…