State v. Rand

This criminal case is before us on appeal from denial of a motion for new trial and on exceptions following conviction of assault and battery on an indictment brought under R. S., c. 130, § 21. The statute reads:

“Assault, and assault and battery, definitions. — Whoever unlawfully attempts to strike, hit, touch or do any violence to another however small, in a wanton, willful, angry or insulting maimer, 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. Any…