48 Tex. Crim. 576
90 S.W 43
Court of Criminal Appeals of Texas
Decided October 25, 1905
Court of Criminal Appeals of Texas · decided 1905-10-25
<p>Aggravated Assault—Deadly Weapon—Simple Assault.</p> <p>On trial for aggravated assault by means of a knife alleged to be a deadly weapon, where the evidence showed that no one saw a knife in the hands of defendant, or testified to the kind of weapon he used in the assault, the same was insufficient to sustain a conviction for aggravated assault, or even simple assault; the court having failed to charge unless the knife was shown to have been used by defendant to acquit.</p>
Decided 1905-10-25
¶1 This conviction was for aggravated assault. The Assistant Attorney-General has filed a motion to dismiss the appeal on the ground that the recognizance is defective. An examination of the recognizance shows that it does not state the amount of the punishment assessed against appellant, as required by article 887, Code Criminal Procedure. May v. State, 40 Texas Crim. Rep., 196. The motion is sustained; and the appeal accordingly dismissed.
¶2 Dismissed.
¶3 ON REHEARING.
¶4 November 22, 1905.