Flournoy v. State

Citations

• 25 Tex. Ct. App. 244
• 7 S.W. 865
• 1888 Tex. Crim. App. LEXIS 47

Syllabus

<p>Assault — Assault and Battery — Aggravated Assault and Battery.—The nse of any unlawful violence upon the person of another with intent to injure him, whatever be the means or degree of violence used, is an assault and battery as that offense is defined by article 484 of the Penal Code. The injury intended may be either bodily harm, constraint, a sense of shame or other disagreeable emotion of the mind. 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 commit a battery, is an assault. If the means used was a deadly weapon, the assault would become aggravated. See the statement of the case for evidence held insufficient to support a conviction for aggravated assault because it fails to show either an attempt or an immediate intention to inflict violence.</p>