Gallagher v. State
Supreme Court of Minnesota
WRIT OR ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The folio wing^are the points and authorities relied upon by the Counsel for the Plaintiff in Error: First. — An assault may he committed by a demonstration of force or violenqe towards the party assaulted. An offer or attempt with force to do a corporeal' hurt to another, constitutes an assault in all cases.
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WRIT OR ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The folio wing^are the points and authorities relied upon by the Counsel for the Plaintiff in Error: First. — An assault may he committed by a demonstration of force or violenqe towards the party assaulted. An offer or attempt with force to do a corporeal' hurt to another, constitutes an assault in all cases. Russell on Crimbs, Vol. 1, pp. 750 and 751; Hays vs. The People, 1 Hill R. 351, and the cases there cited by Gowen, Judge; The State against Sims, 3 Strobhart, 137. The evidence, in the case at bar shows clearly that an assault was…
1Opinion of the Court
By the Court
— Atwater, J.
The'Defendant below, Charles B. Gallagher, was convicted in the District Court of Bamsey county of an assault and battery upon one Bailey, and sentenced by the Court to pay a fine of fifty dollars and costs. There was some evidence on the trial, tending to show that Bailey committed the first assault, by raising his cane as if to strike the Defendant. One witness, Thompson, testified among other things, that “ Bailey gave Gallagher the lie, and high words *272ensued between them. At this time the parties were standing some three or four steps apart. Bailey had a large…
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