Wilks v. State

Citations

• 3 Tex. Ct. App. 34

Syllabus

<p>Aggravated Assault—Indictment.—Appellant was convicted of aggravated assault, though the indictment assuming to charge that offense alleged merely that it was committed with brass knuckles. Held, that the indictment charged no more than a simple assault. To make it charge an aggravated assault it was necessary to further allege, in conformity with the statute, that the brass knuckles were a deadly weapon, or that serious bodily injury was inflicted with them on the person assaulted, or that the assault was committed with premeditated design and by the use of means, to wit, brass knuckles, which were calculated to inflict great bodily injury. The fact that the act of 1871, “ to regulate the keeping and bearing of deadly weapons,” specifies brass knuckles among such weapons does not aid the indictment.</p>