Hilliard v. State

Decided November 26, 1884

Court of Appeals of Texas · decided 1884-11-26

Tried below before the Hon. J. S. Spinks, County Judge. The information reads as follows: “ In the name and by the authority of the State of Texas: Now comes G. E. Rosenbaum, county attorney of Van Zandt county, State aforesaid, that one C. Hilliard (as shown by complaint of G. D. Woodley), on the 30th day of December, in the year of our Lord 1883, with force of arms, in the county and State aforesaid, did then and there make an aggravated assault upon the person of G. D.…

Decided 1884-11-26

White, Presiding Judge.

¶1There is evidently, we think, a clerical omission in the commencement of the charging portion of the information. If this be so, then under the decision in Burrell Warren v. The State (ante, p. 207), it is sufficient to charge the offense intended.

¶2The charge was an aggravated assault committed with a knife, “a deadly weapon.” We have examined the statement of facts in. vain for any proof that the knife was a deadly weapon. Proof of this allegation was necessary to sustain a conviction under the charge.

¶3Hot being supported by the evidence, the judgment is reversed and the cause remanded.

¶4Reversed and remanded,

¶5[Opinion delivered November 26, 1884 ]