Opinion
No. 15574.
Delivered February 1, 1933.
Assault With Prohibited Weapon — Indictment — "Wilfully."
An indictment for an assault with prohibited weapon, held insufficient in failing to allege that the assault was "wilfully" made.
Appeal from the District Court of El Paso County. Tried below before the Hon. W. D. Howe, Judge.
Appeal from a conviction for assault with a prohibited weapon; penalty, six months in the county jail.
Reversed, and prosecution ordered dismissed.
The opinion states the case.
W. Joe Bryan, of El Paso, for appellant. Lloyd W Davidson, State's Attorney, of Austin, for the State.
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.