Forrest v. State

Citations

• 3 Tex. Ct. App. 232

Syllabus

<p>1. Aggravated Assault.—An indictment for aggravated assault with a deadly weapon, to wit, a gun, need not aver an intent to injure, nor an attempt to commit a battery, nor an intent coupled with an ability to commit a battery, nor that the gun was loaded.</p> <p>2. Same.—Pointing a gun at a person within range is an assault, unless it appear that the gun was unloaded; and the burden of proving that it was unloaded is on the accused.</p> <p>3. Practice in Misdemeanors.—It is now well settled that, in misdemeanors, exceptions to the charge of the court are futile, unless substitute instructions are requested.</p>