Ferguson v. State

Citations

• 4 Tex. Ct. App. 156

Syllabus

<p>1. Aggravated Assault—Information. — It is a fatal defect in an information for an aggravated assault with a deadly weapon that it describes a different weapon than that described in the affidavit on which it is based.</p> <p>2. Same.—Intent to injure need not he alleged in an information for aggravated assault.</p> <p>3. Same — Charge or the Court. — When an information charges one species of aggravated assault, it is error to instruct the jury to convict if they find the accused guilty of a different species.</p>