Gilmore v. State

OPINION

WALKER, Chief Justice.

Appellant was indicted for having committed the felony offense commonly referred to as Assault of a Public Servant. See Tex.Pen.Code Ann. § 22.01(a)(1), (b)(1) (Vernon Supp.2001). The indictment reads, in pertinent part, that appellant, “on or about June 19, 1999, ... did then and there intentionally, knowingly or recklessly cause bodily injury to Lt. Concord, a public servant lawfully discharging an official duty, by stinking Lt. Concord in the head with Defendant’s fist, and the Defendant knew that Lt. Concord was a public servant ... [.]” Said indictment…