Jones v. State

ON MOTION FOR REHEARING

GRAVES, Presiding Judge.

The Criminal District Attorney of Smith County has filed a motion for rehearing in this case and calls our special attention to the statute relative to an assault. Article 1138, P.C., denounces as an assault and battery “the use of any unlawful violence upon the person of another with intent to injure him, whatever be the means or the degree of violence used.” The statute also declares that “any attempt to commit a battery, or any threatening gesture showing in itself or by words accompanying it, an immediate intention, coupled with an ability to…