State v. Coffey

Citations

• 41 Tex. 46

Syllabus

<p>1. Indictment — Aggravated assault.— An indictment which charged that A B “ did upon O D unlawfully make an assault, he, the said C D, then and there being a peace officer, to wit, town constable for, &e., and then and there being in the lawful discharge of his duties as such officer, which fact was then and there well known to said A B,” charges an aggravated assault.</p> <p>2. Indictment—Surplusage.—The further charge contained in the same count of the indictment, that “ the said AB did then and there resist, hinder, and obstruct him, the said C D, in the lawful discharge of Ins duties as such officer,” will be regarded as surplusage.</p> <p>3. Indictment.—Such an indictment does not charge the defendant with two separate and distinct offenses, and it was error to require the District Attorney to elect whether he would prosecute the defendant for an aggravated assault or for resisting an officer.</p>