Wawrykow v. State

In Wawrykow v. State, 866 S.W.2d 87, 88 (Tex. App.--Beaumont 1993, pet. ref'd), a case decided by the Beaumont Court of Appeals, the defendant was indicted for misdemeanor assault for causing bodily injury to a police officer by pushing "on or about his chest with his hands." The evidence did not show that the officer was bruised or had any observable injury, and the Beaumont court stated that it agreed "with appellant that direct evidence of 'pain' . . . or . . . 'hurt' by appellant's push to his chest is lacking." Id. at 88. Nevertheless, the court held that the evidence was legally sufficient to satisfy the bodily injury element of assault because the force of the push, which was demonstrated for the jury but not ascertainable from the record, could have been sufficient for the jury to infer that it caused the officer pain. Id. at 90.