Crow v. State

DAVIDSON, Judge.

Under an indictment charging assault with intent to murder, appellant was convicted of aggravated assault and his punishment assessed at a fine of $500.00.

The conviction rests upon Sec. 1 of Art. 1147, P. C., which makes an assault aggravated when “committed upon an officer in the lawful discharge of the duties of his office, if it was known or declared to the offender that the person assaulted was an officer discharging an official duty.”

There exist under this statute three essential elements, which are: first, the assault, second, the injured must be an officer in the…