
    DILLIARD v. STATE.
    (Court of Criminal Appeals of Texas.
    May 10, 1911.)
    1. Criminal Law (§§ 1095, 1102) — Appeal and Error — Statement oe Facts — Bills of Exception — Time for Filins.
    Where a defendant convicted in the county court did not file the statement of facts and bills of exception until more than 20 days after the adjournment of the term, they must be stricken out of the record.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2847; Dee. Dig. §§ 1095, 1102.]
    2. Assault and Battery (§ 78) — Criminal Responsibility — Aggravated Assault.
    An information and complaint which alleged that defendant made an assault upon an officer while in the discharge of his official duty sufficiently charges an aggravated assault under Pen. Code, art. 601.
    [Ed. Note. — For other cases, see Assault and Battery, Cent. Dig. §§ 116-118; Doc. Dig. § 78.]
    Appeal from Young County Court; E. W. Fry, Judge.
    Jim Dilliard was convicted of aggravated assault, and appeals.
    Affirmed.
    R. F. Arnold and Kay & Akin, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
       For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was tried and convicted in the county court of Young county upon a complaint charging him with an aggravated assault, and his punishment assessed at a fine,of $25 and imprisonment in the county jail for 30 days.

The term of court at which appellant was tried adjourned on the 7th day of January, 1911 (he having been tried on' the 11th day of the preceding October), and the statement of facts and bills of exception were not filed until the 4th day of February, 1911, more than 20 days after adjournment of county court for that term. The motion of the Assistant Attorney General to strike out the statement of facts and bills of exception is sustained.

There is a motion in arrest of judgment in the record alleging the complaint and information are insufficient. They allege that defendant made an assault upon J. S. Munsey, an officer, while in the discharge of his official duty. This under article 601 of the Penal Code constitutes an aggravated assault.

The statement of facts and bills of exception being stricken from the record, there is no error presented.

The judgment is affirmed.  