Johnson v. State

Citations

• 19 Tex. Ct. App. 545
• 1885 Tex. Crim. App. LEXIS 235

Syllabus

<p>„ 1. Affidavit.— Information is not vulnerable to objection because based upon an affidavit upon which a former information had been based, and which had been quashed. A good affidavit is not vitiated by a bad information.</p> <p>3. Assault.—Evidence to the effect that the accused presented a fire-arm in a condition for immediate use, and accompanied the act by cursing and avowing his intention to kill the injured party, shows an execution in part of a purpose of violence, and establishes an assault.</p> <p>3. Same — Charge of the Court.— See the statement of the case for a state of proof under which it is held that the trial court erred in refusing to give a special charge to the effect that if the defendant, at the time of the difficulty, believed that he had a right to the possession of the animal over which he and the prosecutor had the dispute, and that the defendant then and there had the possession of the animal, he would have the right to protect his possession by preventing the prosecutor from taking the said animal from him.</p>