Perez v. State

OPINION

DOUGLAS, Judge.

The conviction is for assault with a motor vehicle. Punishment was assessed at ten days in jail and a fine of $25.00.

*840The complaint and information do not charge an offense. They allege that appellant did then and there unlawfully “commit the offense of assault with a motor vehicle against the peace and dignity of the State.”

In 8 Tex.Jur.2d, Section 373, page 12, the correct rule is found. It is as follows:

“The offense of assault must arise out of the collision of the vehicle with a person, or a causing of injury to a person. And the assault may consist of the vehicles…