Warren v. State

Citations

• 33 Tex. 517

Syllabus

<p>1. An indictment whieb alleged, under sufficient averments of time and place, that the accused “ did unlawfully and feloniously make and commit an aggravated assault and battery, in and upon one N. R., and did then and there with a deadly weapon beat, strike, assault and wound him, the said N. R.,” sufficiently charged an offense against the laws.of-the State; and a motion to quash for uncertainty was correctly overruled</p> <p>2. The accused, holding a cocked pistol by his side, but making no attempt to present or discharge it, came up to where his antagonist was standing, and said to him, “1 am now ready for youwhereupon his antagonist advanced on him, seized him by the collar and pushed him back some thirty feet, when the' accused struck him with the pistol, extricated himself from the combat and retired into an adjacent storet Held, that the conduct of the accused did not amount to an attempt to commit a battery, nor to a threatening gesture accompanied with words, and constituting an assault under Article 2137, Paschal’s Digest.</p>