Pass v. State

OPINION

CANTU, Justice.

Appeal is taken from a conviction of aggravated assault with a deadly weapon. Trial was to the court and punishment was assessed at two years’ imprisonment, probated.

In two related grounds of error appellant challenges the sufficiency of the indictment to charge the offense of aggravated assault under Tex.Penal Code Ann. § 22.02(a)(3) (Vernon 1974). Appellant asserts that the trial court lacked jurisdiction to try the offense charged by the indictment because the indictment charges only misdemeanor assault, inasmuch as (1) the aggravating element is alleged without the…