Tennessee Supreme Court, 1850

Hixon v. State

Hixon v. State
Tennessee Supreme Court · Decided September 15, 1850 · McKinney
1 Thompson 50; 1 Shan. Cas. 33
Hixon v. State

Cases that cite this one

40 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

McKinney, J.:

Though it might have been necessary to have averred in the indictment in question that the assault was made within the distance the gun would carry had the defendant been convicted of the felonious assault; yet it was not necessary that the same should have chargéd that fact when the defendant was found guilty merely of an assault, and the fact appeared in evidence at any time during the trial. (1)

Judgment affirmed.

As to what is an assault, see Bloomer v. State, 3 Sneed, 66; Richels v. State, 1 Sneed, 606; State v. Smith, 2 Humph, 457; Smith v. State, 7 Humph. 43,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.