MONTALVO v. STATE

No. 28359.

291 S.W.2d 327 (1956)

Francisco MONTALVO, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 6, 1956.


Attorney(s) appearing for the Case

John A. Pope, Jr., Rio Grande City, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is aggravated assault; the punishment, 30 days in jail and a fine of $100.

The complaint and information alleged an assault upon Santos Ozuna, a deputy sheriff then in the lawful discharge of the duties of his office, and further alleged "and the said Francisco Montalvo, Jr. then and there being informed and knowing that the said Santos Ozuna was then and there an officer discharging an official duty."

Trial was before the...

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