Williamson v. State

Citations

• 5 Tex. Ct. App. 485

Syllabus

<p>1. Variance. —In this case, the affidavit fixes the commission of the offence on the 7th day of May, 1877, while the information fixes it on the 1st day of May, 1877. Üeld, that the variance is fatal.</p> <p>2. Aggeavated Assault—Ietormation.—An information for aggravated assault must charge the offence as such, and must set forth also the circumstances constituting the aggravation.</p> <p>8. Same—Case Stated. ■—In a prosecution for an aggravated assault, though the information charges it as such, and that it was committed with firearms. within carrying distance, it fails to allege either that “ serious bodily injury was inflicted by the use of the fire-arms,” or that the fire-arms were “deadly weapons, and used under circumstances not amounting to an intent to murder or maim,” or that the assault was committed “with premeditated design, and by the use of means calculated to inflict great bodily injury.” Held, that one of these allegations, in addition to the general charge of aggravated assault, is essential to make the information a good one to charge aggravated assault.</p>