Shadle v. State

Citations

• 34 Tex. 572

Syllabus

<p>1. A judgment of conviction must be reversed when the venue of the offense was not proved at the trial in the court below.</p> <p>2. In a trial for an aggravated assault, the defendant asked the court to charge the jury that they might, if the evidence warranted such a verdict, acquit the defendant of an aggravated assault, and convict him of an assault and battery or a simple assault. Held, that the charge was proper, and its refusal error.</p> <p>3. When a gun or a pistol is used simply as a weapon to strike with, it is not necessarily a deadly weapon, but would or would not he a deadly weapon according to its size and the manner in which it was used; which facts should be submitted to the jury for their determination.</p>