Jones v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of resisting arrest. After a jury finding of guilty, appellant was assessed a punishment of 180 days in the county jail. Appellant asserts that the information under which he was charged was fundamentally defective. We agree and reverse.

The offense of resisting arrest is proscribed by V.T.C.A., Penal Code, Section 38.03, which provides that:

“A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from…