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150 Tex. Crim. 175

Waldrep v. State

Court of Criminal Appeals of Texas

Decided February 26, 1947

Court of Criminal Appeals of Texas · decided 1947-02-26

Relies on 68 Tex. Crim. 147 - White v. State · 55 Tex. Crim. 389 - Hartsell v. State

Decided 1947-02-26

DAVIDSON, Judge.

¶1Under the information charging that appellant, as an adult male, committed an assault upon the person of a female, appellant was convicted of aggravated assault and his punishment assessed at six months in jail.

¶2The undisputed evidence in the case shows that the appellant was eighteen years of age.

¶3The prosecuting witness testified that she considered the appellant as being an adult male.

¶4It is insisted that the facts are insufficient to support the conviction because the State failed to prove that the appellant was an adult male.

¶5The term “adult male,” within the meaning of this prosecution, means one who who has attained the full age of twenty-one years. Branch’s P. C., Sec. 1569, p. 927: Hartsell v. State, 55 Tex. Cr. R. 389, 116 S. W. 1159; White v. State, 68 Tex. Cr. R. 147, 151 S. W. 826.

¶6The facts being insufficient to support the conviction, the judgment of the trial court is reversed and the cause remanded.

¶7The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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