State v. Bradley

Citations

• 34 Tex. 95

Syllabus

<p>1. That there are different degrees of an assault, for any one of which a defendant may be punished under the same indictment, and for which degrees there are different penalties, is settled by our statutes (Paschal’s Digest, articles 3143 and 3160); and no reason is perceived why a higher and a lower degree of an assault may not be charged in the same indictment, provided both are charged to have been the result of one and the same act.</p> <p>• 8. An assault may be committed on one or more persons at the same time and by the same act; and therefore an indictment charging the assault to have been committed on two persons would be good on demurrer or on a motion to quash.</p> <p>3. An indictment for an assault with intent to murder having been quashed on motion of the defendant, the district attorney gave notice of appeal, whereupon the court ordered that the defendant enter into recognizance to appear and answer the accusation in case the judgment should be reversed by the Supreme Court; but the defendant failed to appear and enter into the recognizance thus required, and thereupon the district attorney moved that the recognizance previously taken for the appearance of the defendant to answer the indictment be forfeited, and that judgment nisi be rendered against the defendant and his sureties, and, further, that a capias issue for the re-arrest of the defendant. i?e/<Z,that in overruling each and all of these motions the court below erred.</p>