Davis v. State
Court of Appeals of Texas
Appeal from the County Court of Williamson. Tried below before the Hon. W. H. Henderson, County Judge. The case is stated in the opinion and in the third headnote.
1Opinion of the CourtWhite, J.
The information in this case charged the accused with an aggravated assault and battery. The affidavit upon which the information was based charged the accused with an assault with an intent to murder. There was a plea to the jurisdiction of the county court, upon the ground that the offense, as stated in the affidavit, was a felony, which that court could not hear and determine; and also a motion to quash the information because it stated a different offense from that stated in the affidavit upon which it was based. This plea and motion were overruled by the court.
The rule of procedure…
2Cases cited1 opinion
- State v. ElliottTexas Supreme Court · 1874