Public-domain · open source
OpenJurist

13 Tex. Ct. App. 83

Lawson v. State

Court of Appeals of Texas

Decided October 25, 1882

Court of Appeals of Texas · decided 1882-10-25

Tried below before Hon. J. T. Mosely, County Judge. The information was designed to charge the appellant with an aggravated assault and battery upon the person of Laura Lawson, a female. The motion to quash the information being overruled, the appellant was placed upon his trial, convicted, and a fine of twenty-five dollars assessed against him as punishment. The statement of facts repeats a somewhat frequent chapter in the history of conjugal life.

Decided 1882-10-25

Hurt, J.

¶1The appellant was convicted of an aggravated assault and battery. The information fails to charge the venue. The venue, however, is alleged in the complaint. Does this cure the information ? We are of the opinion that it does not.

¶2The fifth subdivision of the requisites of an information requires that “it must appear that the place where -the offense is charged to have been committed is within the jurisdiction of the court where the information is filed.” This must appear from the information itself, and not from any other source.

¶3The conviction for aggravated assault and battery is fatally defective upon another ground. The defendant is charged with an aggravated assault and battery upon a female. The information alleges that he is amale, omitting “adult.” There are no other grounds of aggravation alleged.

¶4The judgment is reversed and the information quashed.

¶5Reversed and dismissed.

¶6Opinion delivered October 25, 1882.

/13/texctapp/83 · .json · Public domain