Crow v. State

Citations

• 41 Tex. 468

Syllabus

<p>1. Indictment—Duplicity.—An indictment is not bad for duplicity which contains the necessary averments charging an aggravated assault, and whicii also details the facts necessary to make the offense of threatening to take life, but omitting to charge that such threat was seriously made.</p> <p>2. Practice in change op venue.—It is not error, on an application for change of venue, for the district judge to call and examine other persons as to the existence of the alleged grounds for change of venue, nor to overrule the application upon being satisfied that the facts alleged in the application are untrue.</p> <p>3. Pointing a gun at a person is an assault, unless it appear that the gun is unloaded; and the burden of proving that it is unloaded is on the defendant.</p> <p>4. Threats accompanying acts constituting an assault aggravate such assault; nor is such effect removed by the threats appearing conditional, if the conditions were such as the accused had no right to insist on.</p>