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DEMONESHEA v. STATE

No. 29924.

316 S.W.2d 416 (1958)

Tildred DEMONESHEA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 18, 1958.

Attorney(s) appearing for the Case

Russell F. Wolters, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and E. D. Michalek, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for aggravated assault, with punishment assessed at one year in jail.

The charge as contained in the information was assault by an adult male upon a child. Art. 1147, Sec. 9, Vernon's Annotated Penal Code.

Under such allegation the burden was upon the state to prove that the alleged injured party was a child and that the appellant was an adult male.

The state...

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