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35 Tex. 500

Smith v. State

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. C. C. Binkley. The indictment charged an “aggravated assault with a certain pistol, being a deadly weapon, loaded,” etc. The verdict was : “We, the jury, find the defendant guilty, and assess the punishment at fifty dollars.” Motions in arrest and for a new trial were made and overruled.

Decided 1872-07-01

Walker, J.

¶1The indictment charged the defendant with an aggravated assault. The jury found him guilty of a simple assault, and fined him fifty dollars. Had the indictment charged a simple assault, the jury could not have found him guilty of an aggravated assault. There is no principle of the law better settled than that an indictment which charges an offense of a higher grade includes the charge of all the inferior grades of the same offense.

¶2The finding of the jury was correct, and so was the judgment of the court, and the same is affirmed.

¶3Affirmed.

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