Texas Supreme Court July 1, 1871 (Shadle v. State)

Ogden, J.

This case must be reversed, for the reason that the. venue of the offense was not proven on the trial. There was error in the court in refusing to give the charge asked by the defendant, that the jury might, if the evidence would warrant such a verdict, acquit the defendant of an aggravated assault, and find him guilty of an assault and battery, of a simple assault.