Burton v. State

Citations

• 3 Tex. Ct. App. 408

Syllabus

<p>1. Aggravated Assault.'—Indictment for an aggravated assault with a pistol alleged that the pistol was a deadly weapon, but did not charge that the accused presented the pistol at the assaulted party within carrying distance, nor that it was loaded, nor how it was used. Held, nevertheless, that the indictment is good.</p> <p>2. Same—Evidence.—When an aggravated assault is alleged to have been committed with a deadly weapon, to wit, a pistol, if it be controverted whether the pistol was loaded or not, the burden is on the accused to prove that it was not.</p>