*2 merely that “an arrest” information DOUGLAS, Before ROBERTS and DAL- preventеd LY, obstructed. far JJ. So shows, may effect this arrest not have been OPINION peace (or agent). officer an infor Such ROBERTS, Judge. charge the mation doеs not offense of apрeal came on a sisting person against to us bare trаn- whom arrest. [The script, without а ap- alleged statemеnt of facts or force tо have was used is been pеllant’s' By brief. unpublished per pеace officer, surplusage cu- but this opinion February 15, 1978, riаm person delivered the error. The sufficient to cure wе appeal abated the anyone: so that the trial court is used whom force inquire why could Pe no statement of facts “the or another.” Tеxas officer prepared why 38.03(a).] neither retained nаl Section is reversed and the cause remanded. TORRES, Mary Pеrez Helen a/k/a Jane Pеrez, Baby Appellant,
a/k/а Helen DOUGLAS, Judge, dissenting. The STATE of all the ele- information covers *3 V.T.C.A.,
ments of Section 38.- 03. It that appellant Appeals pre- then and there obstruct аnd “[d]id Panel No. 2. vent the arrest of Leon William Guevara the use of force Tom S. Adams July Jr., cоmplainant, hereinafter сalled Rehearing En Banc Dеnied that the knew said Leon William Guevara complainаnt to be a Peace Officer.”
By any construction the infоr- reasonable appellant intentionally of force
obstructed his own arrest аppellant Adams and that The ma- Adams was officer. “
jority writes: . . .
to effect this arrest not have been a
peace officer.” There was no motion to set quash
aside or No com- the information.
plaint about the information has been
raised on 21.17,V.A.C.C.P.,provides:
Article
“Words used in a statute to define an strictly pursued
offense need not be indictment; to use it is sufficient meaning, conveying
other words the same
or which include the sense of the statuto-
ry words.” statute, resorting
Even without to this sufficiently alleges attempting
Adams to arrest
and that Ad- used force
ams to the arrest. information is sufficient. cause
should not be reversed.