Warren v. State
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Samuel L. Earle. ' • Article 475,-of the Penal Code, (Paschal’s Digest, Art. 2187,) ’ provides that “ any attempt to commit a battery, or any threatening gesture showing in itsplf, or by words accompanying it, an immediate intention, coupled with an ability, to commit a battery, is an assault.” The appellant was indicted for an aggravated assault and battery upon Newton Roberts.
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Appeal from Smith. Tried below before the Hon. Samuel L. Earle. ' • Article 475,-of the Penal Code, (Paschal’s Digest, Art. 2187,) ’ provides that “ any attempt to commit a battery, or any threatening gesture showing in itsplf, or by words accompanying it, an immediate intention, coupled with an ability, to commit a battery, is an assault.” The appellant was indicted for an aggravated assault and battery upon Newton Roberts. In the head notes will be found the gravamen of the charge, as laid in the indictment. The. defendant moved to quash because of uncertainty, etc. The court below held the…
1Opinion of the CourtLindsay, J.
The motion to quash the indictment was properly overruled. There was enough charged to show that there was an offense committed against the laws of the State, if the allegations were true; and it did not appear therefrom that the prosecution was barred by lapse of time; nor that the offense was committed after the finding of the indictment; nor did it set forth any matter which was a legal defense, or bar to the action ; some one of which incidents is necessary to constitute a valid exception to the substance of an indictment. (See Art. 2954, Paschal’s Digest.)
But this court feels fully…
2Cited by2 opinions
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