Gonzales v. State ( 1933 )

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 Tex.Crim. Rep.; Moore v. State, 16 S.W.2d 1089; Ham v. State, 118 Tex. Crim. 271.

The judgment will be reversed and the prosecution ordered dismissed.

Reversed and prosecution ordered dismissed.