Legal Opinion
Gonzales v. State
Court of Criminal Appeals of Texas
Decided February 1, 1933No. 15574PublishedCited by 3 opinions
The opinion states the case.
1Opinion of the Court
LATTIMORE, Judge.
Conviction for assault with a prohibited weapon; punishment, six months in the county jail.
The indictment in this case is insufficient. It fails to allege that the assault was “wilfully” made. Such averment is necessary. Johnson v. State, 101 Texas Crim. Rep., 217; Moore v. State, 16 S. W. (2d) 1089; Ham v. State, 118 Texas Crim. Rep., 271.
The judgment will be reversed and the prosecution ordered dismissed.
Reversed and prosecution ordered dismissed.
2Cases cited3 opinions
- Ham v. StateCourt of Criminal Appeals of Texas · 1931
- Johnson v. StateCourt of Criminal Appeals of Texas · 1925
- Moore v. StateCourt of Criminal Appeals of Texas · 1929
3Cited by3 opinions
- Huggins v. StateCourt of Criminal Appeals of Texas · 1976
- El Pueblo de Puerto Rico v. BermúdezSupreme Court of Puerto Rico · 1954
- People v. BermúdezSupreme Court of Puerto Rico · 1954