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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.
Document Info
Docket Number: No. 15574.
Citation Numbers: 56 S.W.2d 879, 122 Tex. Crim. 543, 1933 Tex. Crim. App. LEXIS 49
Judges: Lattimore
Filed Date: 2/1/1933
Precedential Status: Precedential
Modified Date: 11/15/2024