Schenault v. State

Citations

• 10 Tex. Ct. App. 410

Syllabus

<p>1. Statute Construed.— The word “ adult ” as used in art. 496 of the Penal Code signifies a person who has attained the full age of twenty-one years.</p> <p>2. Aggravated Assault — Charge oe the Court.—To sustain a prosecution for aggravated assault, the State relied upon the fifth clause of art. 496 as to the cause of aggravation. The defense asked the court to charge the jury that if they believed from the evidence that the accused was under twenty-one years old they must acquit of aggravated assault. The accused’s age was admitted to be eighteen years, but the court refused to give the charge asked. Held, error.</p>