Monroe v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of the offense of aggravated assault upon a peace officer, with a fine assessed each appellant in the sum of $101.

The first ground of error complains of an illegal arrest; the second ground asserts that the evidence was not sufficient to show that the officer claiming to be assaulted was in the performance of his duty and that the officer had no right of arrest. We shall consider both grounds together.

The evidence viewed most favorably to the State shows that Officer C. E. McRae of the Houston Police Department was working an extra job…