Birdette v. State

BEAUCHAMP, Judge.

Appellant was charged by indictment with aggravated as*73sault upon, “John Wray then and there being an officer, * * * * and then and there in the lawful discharge of the duties of said office, etc.”

The case was submitted to the jury, who found him guilty and assessed a penalty of $25.00. The charge is laid under Sec. 1, Art. 1147 of the Penal Code, and the act is alleged to have been committed on October 22, 1939, at about 2 o’clock in the morning.

It appears from the evidence that the appellant and one of his brothers had been out of the city and returned at this time of the…