13 Tex. Ct. App. 343
Decided January 17, 1883
Court of Appeals of Texas · decided 1883-01-17
Tried below before the Hon. F. J. Lynch, County Judge. The information charged the appellant, an adult male, with an aggravated assault and battery upon the person of Waity Brown, a female. The trial resulted in the conviction of the appellant, and his punishment was assessed at a fine of twenty-five dollars. As indicated in the opinion, there was a total failure to prove the sex or age of the defendant. '
Decided 1883-01-17
¶1It is alleged in the information that the defendant, an adult male, committed an aggravated assault upon a certain female. There is a total want of evidence to establish the allegation that the defendant was an adult male. (Schenault v. The State, 10 Texas Ct. App., 410; George v. The State, 11 Texas Ct. App., 95) Because of this defect in the evidence, the judgment of conviction is reversed, and the cause is remanded.
¶2Reversed and remanded,
¶3Opinion delivered January 17, 1883.