State v. Paxson
New York Court of General Session of the Peace
Eugene E. Paxson was indicted for assault and battery. Verdict of guilty. The state introduced evidence to show that on the evening of May 22, 1916, the prosecuting witness, ■ Edgar P. Young, in company with four ladies, proceeded in Young’s automobile, from their home in Chesapeake City, Maryland, to Middletown, Delaware; that after purchasing candy and ice cream in Middletown, they proceeded on the return trip to Chesapeake City, and that, somewhere between 9:30 and 9:45…
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Eugene E. Paxson was indicted for assault and battery. Verdict of guilty. The state introduced evidence to show that on the evening of May 22, 1916, the prosecuting witness, ■ Edgar P. Young, in company with four ladies, proceeded in Young’s automobile, from their home in Chesapeake City, Maryland, to Middletown, Delaware; that after purchasing candy and ice cream in Middletown, they proceeded on the return trip to Chesapeake City, and that, somewhere between 9:30 and 9:45 o’clock they approached the residence of the defendant, and when on the public roa?d, opposite the open entrance to the…
1Opinion of the Court
Boyce, J.,
charging the jury, in part:
[1] An assault is an attempt, or offer, by violence, to do hurt or injury to another, with a present ability to carry the intention into effect.
[2] The intent with which an assault is made need not be a specific purpose to do a particular injury, wantonness or mere recklessness being sufficient. To constitute an assault there must be a present ability to carry the unlawful intent into effect, such, at least, as to reasonably put the person against which it is directed in fear of injury, unless he retreat.
[3] It is not essential that the person charged with…
2Cited by2 opinions
- Lasby v. StateSupreme Court of Delaware · 1962
- State v. HamburgNew York Court of General Session of the Peace · 1928