Harper v. State

CHRISTIAN, Judge. —

The offense is aggravated assault; the punishment, confinement in jail for six months.

It is charged in the complaint and information that the assault was committed with a knife, whereas the proof shows that the appellant used a razor. We are constrained to overrule appellant’s contention that there is a fatal variance. We quote from 4th Words and Phrases, Third Edition, page 697, as follows:

“An indictment alleging assault with intent to kill by cutting the person injured with a ‘knife’ was sustained by proof that prosecuting witness was either cut with a knife or a razor;…