Brooks v. State

OPINION

ONION, Judge.

The complaint and information alleged appellant to be an adult male, and charged that he made an assault upon the prosecu-trix, who was alleged to be a female. Upon a plea of not guilty before the jury, he was convicted of aggravated assault and his punishment assessed at a fine of $100.-00.

In his first ground of error appellant contends that the State erred in failing to prove that appellant was an adult male.

In a prosecution under the provisions of Article 1147(9), Vernon’s Ann. P.C., the prosecution is required to allege and bound to prove that the accused is an adult…