Gonzalez v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for aggravated assault on a peace officer. The punishment is imprisonment for three years.

It is the appellant’s contention that the evidence is insufficient to show that the peace officer was engaged in the discharge of his official duties at the time of the assault and that he was entitled to an instructed verdict of acquittal. It is also his contention that the trial court improperly refused to instruct the jury on the requirements of a lawful arrest without a warrant.

The appellant was involved in a fight on a dance floor at a Knights…