Prock v. State

HAWKINS, Judge.

Upon complaint and information appellant was tried in the county court and adjudged guilty of aggravated assault.

The prosecution having originated in the county court a valid information was indispensable, and it must have been based upon a sufficient complaint. '

An assault becomes aggravated when committed by an adult male upon the person of a female. (Art. 1147, P. C., Subd. 5.) The complaint averred that appellant was a “male person,” and that he committed an assault upon Estell Prock who was a female. Having omitted to aver that appellant was an “adult” male the complaint…