Citations
- 122 Tex. Crim. 543
- 56 S.W.2d 879
Full opinion text
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.