Legal Opinion

Vann v. State

Court of Criminal Appeals of Texas

Decided April 25, 1901No. 2215PublishedCited by 8 opinions

Appeal from the County Court of Travis. Tried below before Hon. A. S. Walker, County Judge. Appeal from a conviction of aggravated assault; penalty, a fine of $25. The essential facts of the case are fully stated in the opinion of Judge Henderson on the motion for rehearing.

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of an aggravated assault and fined $35.

Appellant made a motion to quash the information. The charging part thereof is as follows: “That * * * one John Vann did then and there unlawfully and willfully in and upon J. W. Rutledge, with a gun, the same then and there being a deadly weapon, did then and there commit an aggravated assault,” etc.; the objection to the information being that same fails to state how said gun was a deadly weapon, or how used, and the same fails to state that said gun was discharged. The information is in proper form, and is not…

2Cited by8 opinions

  1. McVea v. VerkinsCourt of Appeals of Texas · 1979
  2. Hampton v. SharpCourt of Appeals of Texas · 1969
  3. Haygood v. StateCourt of Criminal Appeals of Texas · 1907
  4. Bratton v. StateCourt of Criminal Appeals of Texas · 1955
  5. Hall v. StateCourt of Criminal Appeals of Texas · 1921

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