Kief v. State

Citations

• 10 Tex. Ct. App. 286

Syllabus

<p>Assault.— Under article 489 of the Revised Penal Code an assault may be committed by “the use of any dangerous weapon, or the semblance thereof, in an angry or threatening manner, with intent to alarm another, and under circumstances calculated to effect that object.” Held, that the ability to commit a battery need not be shown in order to constitute or prove such an assault. (McKay v. State, 44 Texas, 43, and Jarnigan v. State, 6 Texas Ct. App. 465, were cases decided before the enactment of the Revised Codes.)</p>