McGruder v. State

DICE, Commissioner.

The conviction is for aggravated assault; the punishment, a fine of $500 and 365 days in jail.

The complaint and information charged an aggravated assault when committed with ■a knife, as defined in subdivision (10) of Art. 1147, Vernon’s Ann.P.C.

In charging the offense it was alleged that on or about the 26th day of May, 1963, in Harris County, Texas, the appellant did “make an aggravated assault in and upon Robert Bailey, by then and there cutting and stabbing the said Robert Bailey with a knife.”

Appellant filed no exception or motion to ■quash the complaint and…