Anderson v. State

MORROW, Judge.

The appellant, an adult male, was charged with aggravated assault upon a child.

The evidence shows that the child was trespassing upon his premises, and that the appellant whipped him. The indictment in this count did not alleged the means used, though in another count it was charged the assault was committed with a stick. The evidence showed it was done with a switch. The prosecution could be .sustained under the first count, the law not requiring in this ground of aggravation that the means used in committing the assault be alleged. Collins v. State, 39 Texas Crim. Rep., 39.

No…