State v. McKrackern

On exceptions and appeal from a conviction for assault on an indictment based on Sec. 27 of Chap. 129, R.S. 1930, as amended by Sec. 6 of Chap. 92, P. L. 1933. The statute as amended reads as follows:

“Whoever unlawfully attempts to strike, hit, touch, or do any violence to another however small, in a wanton, wilful, angry, or insulting manner, having an intention and existing ability to do some violence to such person, is guilty of an assault; and if such attempt is carried into effect, he is guilty of an assault and battery, and any person convicted of either offense when it is not of a high…