Butler v. State

OPINION

Appellant was charged by information with the misdemeanor offense of assault-family violence in violation of Tex. Penal Code § 22.01(a)(1). 1 The complaint and information alleged Class A misdemeanor assault. The affidavit in support of the complaint included all the facts needed to allege assault — family violence. Testimony during his jury trial revealed that áp-pellant and the complainant were engaged, had a child together, and had been living together for approximately two and a half years at the time this offense was committed. The state presented evidence that, during an…