Montgomery v. State

Citations

• 4 Tex. Ct. App. 140

Syllabus

<p>1. Assault with Intent to Murder.—Indictment alleged that the accused “unlawfully, upon the body of J. A., did make an assault, with intent him, the said J. A., feloniously and of malice aforethought to murder,” etc. Held, sufficient to charge an assault with intent to murder, and not necessary that the instrument, weapon, or means used should have been alleged.</p> <p>2. District Court—Jurisdiction. — If, on trial of an indictment for a felony, the jury find the accused guilty of a misdemeanor included within the felony charged, the jurisdiction of the District Court to proceed to judgment is not ousted or impaired.</p> <p>3. Aggravated Assault is a misdemeanor which is included in the felony of assault with intent to murder.</p> <p>4. Leading Question. — The allowance of a leading question on the direct examination of a witness does not constitute material error when it does not appear that the rights of the appellant were prejudiced, nor that the question was not allowed under recognized exceptions to the general rule.</p>