Flournoy v. State
Court of Appeals of Texas
Appeal from the County Court of Jackson. Tried below before the Hon. J. S. McNutt, County Judge. The conviction was for an aggravated assault upon J. N. Strane, and the penalty assessed was a fine of twenty-five dollars.
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Appeal from the County Court of Jackson. Tried below before the Hon. J. S. McNutt, County Judge. The conviction was for an aggravated assault upon J. N. Strane, and the penalty assessed was a fine of twenty-five dollars. The substance of the testimony of the prosecuting witness, J. N. Strane, was to the effect that while he was cutting a log of wood in his field, on the day mentioned in the information, the defendant and his brother, R. A. Flournoy, approaching from opposite directions, came to where he was. Defendant was armed with a deadly weapon—a gun. He stopped about twenty steps distant…
1Opinion of the Court
Hurt, Judge.
Appellant was convicted of aggravated assault under article 484 of the Penal Code, which defines an assault, and subdivision 8 of article 496, making an assault aggravated when committed with a deadly weapon.
The facts constituting an assault, as defined in subdivision S of article 488 of the Penal Code, are not alleged in the indictment; hence, the sufficiency of the evidence to constitute an assault in this case must be tested by article 484 of the Penal Code.
The use of any unlawful violence upon the person of another, with intent to injure him, whatever be the means or degree of…
2Cited by6 opinions
- Gaston v. State, Texas Court of Appeals, 5th District (Dallas)1983
- Robinson v. State, Texas Court of Appeals, 4th District (San Antonio)1982
- Woods v. StateCourt of Criminal Appeals of Texas · 1948
- Employers' Liability Assur. Corp. v. FlintCourt of Appeals of Texas · 1929
- State v. RempelSupreme Court of Minnesota · 1919
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