Pederson v. State

Citations

• 21 Tex. Ct. App. 485
• 1 S.W. 521
• 1886 Tex. Crim. App. LEXIS 177

Syllabus

<p>Aggravated Assault—Information.—An assault becomes an aggravated assault, under subdivision 3, of Article 496, of the Penal Code, when the party charged goes into the house of a private family, or, being in the said house, commits an assault and battery. A mere assault, though committed inside of the house, is not an aggravated assault, under the statute referred to. See the opinion in extenso for an information held sufficient to charge a simple assault, but not an aggravated assault, and, therefore, insufficient to support a conviction for an aggravated assault. Held, further, that in expounding the law of aggravated assault, and in omitting to instruct the jury upon the law of simple assault, the charge of the court was erroneous.</p>