Davis v. State
Court of Appeals of Texas
Appeal from the District Court of Grimes. Tried below before the Hon. Benton Randolph. The indictment charged the appellant with an assault with intent to murder one F. R. Stringer, in Grimes county, Texas, on the 10th day of December, 1881. He was convicted of an aggravated assault, and the punishment assessed against him was a fine of $250.
1Opinion of the Court
Willson, Judge.
The indictment alleges that the defendant, of his malice aforethought, made an assault upon one Stringer with intent to murder the said Stringer. It does not allege the manner in which, or the means with which, the assault was committed. Under this indictment the defendant was convicted of an aggravated assault and fined $250. Defendant excepted to the indictment, and also moved in arrest of judgment, the ground of said exception and motion being that the acts constituting the alleged assault, the manner and means of its commission, were not alleged. The exception and motion…
2Cases cited2 opinions
- Bittick v. StateTexas Supreme Court · 1874
- James v. StateTexas Supreme Court · 1872