State v. Hunter

Roberts, Chief Justice.

The indictment was set aside upon exceptions taken to it by the defendant below.

It alleges that the defendant “ did in a court of justice, viz, in the court-house of Hopkins county, and State of Texas, at Sulphur Springs, the District Court of said county of Hopkins being then and there in session, unlawfully *95make an aggravated assault upon one J. W. Strowd, with intent to injure him.”

It is good for a simple assault, because it is unnecessary to state the instrument or means used in committing it. (2 Bishop, 0. P.. sec. 56; State v. Croft, 15 Tex., 576, and numerous…