MONROE v. STATE

No. 43597.

465 S.W.2d 757 (1971)

Edward Jackie MONROE and Sharon Ann Monroe, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 20, 1971.


Attorney(s) appearing for the Case

Vincent J. Musachia, Houston, for appellants.

Carol S. Vance, Dist. Atty., Phyllis Bell and Henry Oncken, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction of the offense of aggravated assault upon a peace officer, with a fine assessed each appellant in the sum of $101.

The first ground of error complains of an illegal arrest; the second ground asserts that the evidence was not sufficient to show that the officer claiming to be assaulted was in the performance of his duty and that the officer had no right of arrest. We shall consider both grounds...

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