Moreland v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; STATEMENT by the court. This is an appeal from a conviction against the appellant for an assault and battery on the person of one Mrs. Ida Turner.
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Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; STATEMENT by the court. This is an appeal from a conviction against the appellant for an assault and battery on the person of one Mrs. Ida Turner. Mrs. Turner testified substantially as follows: That she lived in the country; that'on January 20, 1916, at about 9 o’clock in the morning, she went to visit her sister, who lived about a half mile away by the path or field road over which she was traveling. No one was with her except her baby. She met Doctor Moreland, who was traveling south, and crossed Mrs. Turner’s…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The undisputed testimony shows that appellant was guilty of the crime charged.
An “assault and battery is the unlawful striking or beating the person of another.” Kirby’s, Digest, § 1584.
Mr. Bishop says: “The kind of physical force necessary to constitute an assault is immaterial.” See 2 Bishop’s New Crim. Law, section 28. Among the examples, he gives to illustrate the text is, “The taking of indecent liberties with a woman; even laying hold of and kissing her against her will.” Citing, Reg. v. Dungey, 4 Fost. & F. 99, 103. The author says (vol. 1, sec.…
2Cases cited2 opinions
- Mailand v. MailandSupreme Court of Minnesota · 1901
- Clerget v. StateSupreme Court of Arkansas · 1907
3Cited by12 opinions
- State v. DuckettCourt of Appeals of Maryland · 1986
- McCoy v. StateSupreme Court of Arkansas · 2002
- State ex inf. Danforth v. CasonSupreme Court of Missouri · 1973
- Bailey v. StateSupreme Court of Arkansas · 1949
- El Pueblo de Puerto Rico v. Díaz LuzunarisSupreme Court of Puerto Rico · 1943
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