Hill v. State

Citations

• 34 Tex. 623

Syllabus

<p>1. Indictment, alleging time and place, charged that the defendant, with force and arms, did unlawfully commit an aggravated assault upon the body of one S., then and there being in the peace of God and of the State, and with a pistol, to-wit, a six-shooter, loaded, etc., did commit unlawful violence upon the person of said S., by drawing against and upon the said S. the said pistol, which was then and there a deadly weapon, and by using threats and threatening gestures towards the said S., contrary etc., etc. Hold, that the indictment does not charge an assault, as that offense is defined by the statute, and it is therefore insufficient to support a conviction even for simple assault.</p> <p>2. In a trial for an aggravated assault upon S., the State proved that defendant and another were quarreling, and S. stepped up and ordered defendant to “ dry up, or he would make him whereupon defendant told S. to go off and let him alone or he would shoot him, and raised his pistol out of its holster, but did not cock it, or attempt to hurt S. Held, that if any offense was committed by the accused, it was necessarily aggravated assault; and therefore it was error to charge the jury that they might acquit of aggravated and convict of simple assault, which they did.</p> <p>3. Venue must be proved, or the conviction cannot be sustained.</p>