Ferguson v. State
Court of Appeals of Texas
Appeal from the County Court of Llano. Tried below before the Hon. C. W. Nelson, County Judge. The opinion states the case. The parties to the fracas were women.
1Opinion of the CourtEctor, P. J.
The information in this case charges the defendant with making an aggravated assault upon M. S. Smith with a certain deadly weapon, to wit, a shovel. The affidavit upon which the information is based charges the defendant with committing an assault upon Mrs. M. S. Smith with a certain deadly weapon, to wit, an ax.
The defendant moved to quash the information for the following reasons, to wit: “first, because the information is not in accord with the affidavit filed in this cause ; second, it does not allege that the assault was made with intent to injure.”
The court should have sustained the…
2Cases cited1 opinion
- State v. HartmanTexas Supreme Court · 1874