People v. Colón

Appellant was charged with assault and battery under the aggravated circumstances enumerated in No. 5 of section 6 of the Act of March 10, 1904, as follows:

“Section 6. — An assault and battery becomes aggravated when committed under any of the following circumstances:

* # * =x= * * «=

“5. When committed by an adult male upon the person of a female or child, or by an adult female upon the person of a child. ”

This statute was copied from Texas. Lange v. People, 24 P. R. R. 796. In that State the words “adult male” have been held to mean a person over twenty-one years of age. Shenault v. State, 10…