Ranch v. State

Citations

• 5 Tex. Ct. App. 363

Syllabus

<p>1. Aggravated Assault—Indictment.—To the general rule that the indictment must set out the name of the person assaulted, there is but one exception, and that is when the name is to the grand jurors unknown; which fact must be averred.</p> <p>2. Practice. — The indictment charges the assault to have been made upon “ the wife of T. B,” but does not aver that the name is unknown. On a motion in arrest of judgment, the defendant objected that the indictment is fatally defective because it does not set out the name of the person assaulted. It is urged by the State that this defect is cured by the verdict, and should have been raised by a motion to quash. Held, that the defect is not only formal, but substantial, and may be taken advantage of by motion in arrest of judgment. “ A motion in arrest of judgment shall be granted upon any ground which would he a good exception to an indictment or information, for any substantial defect therein.”</p>