Livesay v. State

WOODLEY, Judge.

The conviction is for aggravated assault; the punishment, a fine of $100.

The complaint alleges the assault to have been made by Ted Livesay upon Weldon Smith, a city police officer of the city of Plainview, then in the lawful discharge of the duties of his office, and further alleges “and the said J. T. Livesay then and there being informed and knowing that the said Weldon Smith was then and there an officer discharging an officer’s duties % 11

In order to charge an aggravated assault under Art. 1147, Sec. 1, V.A.P.C., it is necessary that it be alleged and proved that it was…